The regulations in this article shall apply in all zoning districts.
A.
Lot for every building. Every building hereafter erected shall be
located on a lot as defined herein.
B.
Subdivision of a lot. Where a lot is formed hereafter from part of
a lot already occupied by a building or structure, such separation
shall be effected in such manner as not to impair conformity to any
of the requirements of this chapter with respect to the existing building
and all yards and other required spaces in connection therewith.
C.
Irregularly shaped lots. Where a question exists as to the proper
application of any of the requirements of this chapter to a particular
lot or parcel because of the peculiar or irregular shape of the lot
or parcel, the Board of Appeals shall determine how the requirements
of this chapter shall be applied.
A.
No building permit shall be issued for the establishment of any use
or construction of any structure unless the lot upon which such use
is to be established or such structure is to be built has frontage
of at least 25 feet on a street or highway which has been suitably
improved to Town, county or state road standards or a bond posted
therefor, and unless the actual access to such use or such structure
will be over such frontage, all in accordance with the provisions
of § 280-a of the Town Law.
B.
In the case of lots which are at least twice the minimum lot size
for the zoning district in which they are located, the minimum street
frontage shall be a minimum of 50 feet. Furthermore, if the main portion
of the lot derives its frontage and access by means of an access strip
connecting the street and the main portion of the lot, that access
strip shall also be at least 50 feet in width.
A.
Yard for every building. No part of a yard or other open space provided
about any building or on any lot for the purpose of complying with
the provisions of this chapter shall be included as any part of the
yard or open space for any other building or any other lot.
B.
Obstructions in yards. No buildings or structures nor any projection
from buildings or structures shall be permitted in a required yard,
except as follows:
(1)
Paved open terraces shall not be considered in the determination
of yard size and lot coverage requirements.
(2)
No porches, balconies or decks shall project into any required yard
area.
(3)
Architectural features which do not have habitable volume or floor
area, such as windowsills, door frames, chimneys and eaves, shall
not project more than three feet into any required yard.
(4)
The yard requirements of this chapter shall not prohibit any accessory
retaining wall nor prohibit any fence or wall, provided that walls
or fences in required yard areas shall not exceed six feet in height.
C.
Yard requirements on corner lots. On a corner lot, there shall be
a side yard on a side street equal in depth to the required front
yard. A rear yard shall be provided on each corner lot and the property
owner shall elect which yard is the rear yard.
D.
Exception for existing alignment of buildings. If, on one side of
the street within 150 feet of any lot, there is pronounced uniformity
of alignments of the fronts of existing buildings and of depths of
front yards greater or less than the required minimum depths specified
in the Schedule of Regulations for Residential Districts, a front
yard shall be required in connection with any new building which shall
conform as nearly as practicable to those front yards existing on
adjacent lots.
E.
Exception for handicap ramps and railings. The Zoning Administrator
has the discretion to permit handicap ramps and/or railings that project
into the required yard setback to the minimum extent necessary under
the circumstances. The property owner pursuing this exception shall
prove to the satisfaction of the Zoning Administrator that the proposed
handicap ramps and/or railings cannot otherwise be installed in a
manner which conforms to the minimum yard setback requirements of
the zoning district, and that the requested exception is not the result
of self-created hardship. This exception shall apply only to residential
uses.
The maximum building height limitations of this chapter shall
not apply to church spires and belfries in any case, nor to flagpoles,
domes, silos, chimneys, ventilators, skylights, water tanks or television
antennas or to similar features and such necessary mechanical appurtenances
not used for human occupancy, provided that:
[Amended 7-14-2021 by L.L. No. 3-2021]
[Added 7-14-2021 by L.L.
No. 3-2021]
A.
General regulations.
(1)
No artificial lighting shall shine directly upon any neighboring
property or be so established that it shall shine directly upon any
property or shall shine directly on or into any room or rooms, porches
or patios of any property, nor shall any artificial lighting be maintained
or operated from any structure or land in such a manner so as to be
a nuisance or an annoyance to neighboring properties or so as to interfere
with the physical comfort of the occupants of any properties.
(2)
Flashing sources of illumination are prohibited.
(3)
Lighting that moves or has moving parts is prohibited.
(4)
Strip lighting outlining commercial structures and used to attract
attention to the nonresidential use, and strings of light bulbs used
in any connection with a nonresidential use premises, is prohibited
unless fully shielded.
(5)
Vegetation screens should not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
through the use of such means as full cut-off fixtures, shields and
baffles, requiring that all lighting be downlit, and appropriate application
of fixture mounting height, wattage, aiming angle and fixture placement.
(6)
Exterior lighting shall enhance the building design and the
adjoining landscape. Lighting shall be provided at all entrances,
walkways and outdoor seating and dining areas. Lighting standards
and building fixtures shall be of a design and size compatible with
the building and adjacent areas, as determined by the Planning Board.
(7)
Security lighting should use the lowest possible illumination
to effectively allow surveillance and should not exceed five footcandles.
(8)
Under-canopy lighting for such uses as gasoline service stations
shall be fully recessed so that the lens cover is fully recessed,
or flush, with the bottom surface (ceiling) of the canopy or shielded
by the fixture or the edge of the canopy so that light is restrained
to 85° or less from vertical.
(9)
Luminaries used for playing fields and outdoor recreational
uses shall be exempt from the height restriction, provided all other
provisions of this section are met and such lighting is used only
while the field is in use.
(10)
Awnings and canopies used for building accents over doors, windows,
walkways, and the like shall not be internally illuminated (i.e.,
not lit from underneath or behind).
(11)
Fixtures and lighting systems used for safety and security shall
be in good working order and shall be maintained in a manner that
serves the original design intent of the system.
(12)
Outdoor signs shall be lit from the top of the sign, not from
the bottom of the sign or ground level.
B.
General guidelines.
(1)
Where practical, exterior lighting installations should include
timers, dimmers, sensors, or photocell controllers that turn the lights
off during daylight hours or hours when lighting is not needed, to
reduce overall energy consumption and eliminate unneeded lighting.
(2)
Exterior lighting installations should be designed to avoid
harsh contrasts in lighting levels.
(3)
Vegetation and landscaping shall be maintained in a manner that
does not obstruct security lighting.
(4)
Site lighting shall be downlit, and full cut-off.
C.
Exterior lighting plan review.
(1)
An application for site plan approval shall include an exterior
lighting plan depicting the number, location, mounting height, and
type of proposed lighting fixtures and level of illumination on the
site and at the property lines. The exterior lighting plan shall include
at least the following:
(a)
Manufacturer specification sheets, cut-sheets or other manufacturer-provided
information indicating the specifications for all proposed lighting
fixtures.
(b)
The proposed location, mounting height, and aiming point of
all exterior lighting fixtures.
(c)
If building elevations are proposed for illumination, drawings
shall be provided for all relevant building elevations showing the
fixtures, the portions of the elevations to be illuminated, the luminance
levels of the elevations, and the aiming point for any remote light
fixture.
(d)
Computer-generated photometric grid showing footcandle readings
every 10 feet within the property or site, and 10 feet beyond the
property lines. Iso-footcandle contour line style plans are also acceptable.
(2)
Additional information may be requested following the initial
lighting plan review,
D.
Residential district lighting. Within a residential district, all
new parking lot lighting and site lighting for developments, other
than single-family dwellings, shall comply with the following:
(1)
Illumination at the property line shall not exceed zero footcandle.
(2)
Luminaries shall be downlit, and full cut-off.
(3)
Outdoor light fixtures equipped with floodlights are prohibited.
(4)
Wall pack outdoor light fixtures located on a front or side
facade of a building or structure shall be full cut-off.
(5)
Non-cut-off outdoor light fixtures shall be limited to walkways,
outdoor seating areas or other areas approved for such fixtures as
part of a development plan.
(6)
Lights that may produce glare so as to cause illumination beyond
the boundaries of the property on which they are located are prohibited.
(7)
Freestanding lights shall be appropriate to the design of the
structures and shall not exceed 15 feet in height. Freestanding lighting
of pedestrian ways shall not exceed 12 feet in height. Wall-mounted
light fixtures shall not be mounted higher than 12 feet above the
ground level immediately below the location of the light fixture.
Both freestanding and wall-mounted fixtures shall be fitted with movable
shields to allow for the redirection of light to avoid glare and the
splaying of light to off-site locations.
E.
Centers, business, commercial and industrial district lighting.
(1)
Within centers, business, commercial and industrial districts,
all parking lot lighting and site lighting shall comply with the following:
(a)
Illumination at the property line shall not exceed 0.1 footcandle.
(b)
Luminaries shall be downlit, and full cut-off.
(c)
Freestanding lights shall be appropriate to the design of the
structures and shall not exceed 15 feet in height in main street areas,
and 20 feet in height in parking areas. Freestanding lighting of pedestrian
ways shall not exceed 12 feet in height. Wall-mounted light fixtures
shall not be mounted higher than 15 feet above the ground level immediately
below the location of the light fixture. Both freestanding and wall-mounted
fixtures shall be fitted with movable shields to allow for the redirection
of light to avoid glare and the splaying of light to off-site locations.
(d)
Wall pack outdoor light fixtures oriented toward an adjacent
residential property or a residential district shall be full cut-off.
(e)
Non-cut-off outdoor light fixtures shall be limited to walkways,
outdoor seating areas or other areas approved for such fixtures as
part of a development plan.
(f)
For exterior lighting installations and fixtures within 50 feet
of a residential property or a residential district, freestanding
lighting fixtures shall be no higher than 15 feet above grade and
shall be full cut-off.
(g)
All outdoor light fixtures on single-use site, shopping center,
integrated center, business park or industrial park, including those
on freestanding light poles and those attached to buildings, security
lights, and architectural lights, shall be of consistent or compatible
style, pole height, mounting height, color, intensity, design, and
materials with other outdoor light fixtures within the lot, outlot,
single-use site, integrated center, business park or industrial park.
(h)
No artificial lighting shall shine directly upon any neighboring
residential property or residential district, or be so established
that it shall shine directly upon any residential property or shall
shine directly on or into any room or rooms, porches or patios of
any residential property, nor shall any artificial lighting be maintained
or operated from any structure or land in such a manner as to be a
nuisance or an annoyance to neighboring residential properties or
as to interfere with the physical comfort of the occupants of residential
properties.
[Added 7-14-2021 by L.L.
No. 3-2021]
A.
Existing wooded areas and other existing natural vegetation shall
be retained to the maximum extent practicable and shall be incorporated
in landscaping plans.
B.
Visibility at intersections. On a corner lot, no fence, wall, hedge
or other structure or planting more than three feet in height shall
be erected, placed or maintained within the triangular area formed
by the intersecting street right-of-way lines and a straight line
joining said street right-of-way lines at points which are 30 feet
distant from the point of intersection, measured along said street
right-of-way line. The height of three feet shall be measured above
the road surface at the nearest edge of road traveled way. This subsection
shall not apply to existing trees, provided that no branches are closer
than six feet to the ground.
C.
Multifamily and nonresidential uses.
(1)
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 residential
character of the Town as a whole. Landscaping should consist of a
mix of native evergreen, deciduous and ornamental plantings. Invasive
species shall be avoided. Lawn area shall not exceed 60% of total
landscaped area. A landscaping plan shall be submitted to the Planning
Board as part of site plan review.
(2)
In connection with the review of any site development plan or
special permit application for a multifamily or 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:
(a)
It shall be of evergreen planting of such type, height, spacing
and arrangement as in the discretion of the Planning Board will effectively
screen the activity of the lot from the neighboring residential area.
Nonevergreen planting may be included to supplement evergreen planting
but not to take its place.
(b)
It shall be at least 20 feet in width.
(c)
A wall or fence of location, height, design and materials approved
by the Planning Board may be substituted for part or all of the required
planting and buffer area.
(d)
Where the existing topography and/or landscaping provides adequate
screening, the Planning Board may modify the planting and/or buffer
area requirements.
(3)
All plantings 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.
(4)
Parking areas should be screened from view from off-site properties
and shall be designed with planted islands. A minimum of 10 square
feet of landscaping should be provided in and around parking areas
for every parking space provided. Landscaping should be protected
from vehicle damage by curbs or other barriers.
A.
Swimming pools.
(1)
A swimming pool shall be considered a structure and shall be set
back from lot lines at least the minimum distance required for an
accessory building in that district.
(2)
If a swimming pool is within 500 feet of a dwelling other than the
owner's dwelling or within 500 feet of any street or property line,
the swimming pool must be completely surrounded by a fence or wall
enclosure to be approved by the Zoning Administrator. A wall or fence
or other enclosure wholly enclosing a dwelling shall constitute compliance
with this requirement.
(3)
Each and every gate or door opening through such enclosure shall
be equipped and maintained with effective self-closing and self-latching
devices, except that the door of any occupied dwelling forming a part
of such enclosure need not be so equipped. The use of a natural barrier,
hedge or pool cover will be deemed to satisfy the requirement of a
fence or wall as specified above when approved by the Planning Board
or Building Inspector of the Town of Fishkill.
B.
Tents, trailers and mobile homes. The use of tents, trailers and mobile homes for permanent dwelling purposes shall not be permitted in any district except as permitted and regulated in § 150-119, Mobile home parks, of this chapter. One unoccupied camp trailer may be parked or stored in an enclosed accessory structure or in a rear or side yard, provided that no permanent living quarters shall be maintained therein.
C.
Maintaining an extended one-family dwelling.
(1)
An extended one-family dwelling shall be permitted as an accessory
use in a one-family residential district subject to the following
restrictions:
(a)
All applicable building, fire and sanitary codes shall be complied with as well as any other applicable sections of Chapter 150.
(b)
The owner or owners of record must reside in the dwelling.
(c)
No tenant/landlord relationship shall exist between any of the
family members.
(d)
If the extended family arrangement ceases to exist, the dwelling
shall continue to be used for one-family occupancy only.
D.
Accessory apartments in single-family residence districts.
(1)
An accessory apartment may be allowed in any zoning district where
a single-family residence is permitted, provided that:
(a)
An accessory apartment shall be limited to less than 50% of
the living space of the primary residence. The minimum floor area
for such an apartment shall be not less than 350 square feet. The
maximum floor area shall be not more than 1,000 square feet.
(b)
Establishing such an apartment will not violate the zoning standards for single-family residences as set forth in § 150-48A.
(d)
The residential structure in which the accessory apartment is
located must continue to be occupied by the owner or owners.
(e)
Not more than one accessory apartment shall be allowed in a
single-family dwelling.
(2)
Authorization to establish and maintain an accessory apartment must
be obtained in the following manner:
(a)
Application must be made to the Building Inspector for a building
permit.
(b)
There must be compliance with all applicable building, sanitary
and fire safety codes.
(c)
A certificate of occupancy must be issued by the Building Inspector
and shall stipulate that the owner or owners must reside in the building.
E.
Construction trailers. Upon the issuance of a building permit for
the construction of a commercial or residential building, the Zoning
Administrator may, upon application by the builder or affected property
owner, issue a construction trailer permit for the installation, on
the construction site, of a construction trailer, subject to the following
restrictions:
(1)
The construction trailer permit shall expire at the same time as
the building permit with respect to which it was issued, and extension
of a construction trailer permit shall be permitted only if the term
of a related building permit has also been extended and only for the
same time period.
(2)
The construction trailer shall be removed from the construction site
no later than 10 days after:
(a)
The issuance of a certificate for occupancy for the building
with regard to which the permit was issued;
(b)
The expiration of the applicable construction trailer permit;
or
(c)
The revocation of the applicable construction trailer permit
by the Zoning Administrator upon a determination that construction
has not been diligently pursued.
(3)
If the Planning Board has not fixed a location for the construction
trailer or required it to be screened, the Zoning Administrator may
determine that, as a condition of the granting of a construction trailer
permit, the construction trailer must be located in a particular place
on the construction site, and that it must be screened or enclosed
as the Zoning Administrator may direct in order to lessen the impact
of its presence on nearby residences or commercial establishments.
F.
Dropoff collection bins used to solicit or invite charitable donations
of personal property. No dropoff collection bins used to solicit or
invite charitable donations of personal property, or for similar property
disposal purposes, shall be maintained on or placed in any location
in the Town of Fishkill.
G.
Other accessory buildings.
(1)
Accessory building attached to main building. If any accessory building
is attached to a main building, including attachment by means of a
breezeway or a roofed passageway, it shall comply in all respects
with the requirements of this chapter applicable to the main building.
All other accessory buildings shall comply with the requirements for
such buildings in the Schedule of Regulations.
(2)
Dwellings in accessory buildings. Any accessory building on the same
lot with a main residence building shall not be used for residence
purposes, except for guests or for domestic employees of the owners
or tenants of the main building and who are employed on the premises,
provided such a building shall contain no kitchen or kitchen facilities.
The purpose of this section is to promote and protect the public health, safety and welfare by regulating signs of all types. It is intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhance the aesthetic environment, and enhance the Town of Fishkill's ability to attract sources of economic development and growth. This section is consistent with Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, pursuant to § 149-3 and § 150-2 of the Town of Fishkill Code.
A.
Permit required. A sign, as defined in § 150-6, may be placed, erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this Chapter and only after issuance of a sign permit, where required and approved, by a Zoning Administrator or any duly appointed deputy administrator. The Zoning Administrator or any duly appointed deputy administrator, within a reasonable time of the receipt of an application for a sign permit, shall consider the application and shall approve, approve with modifications, or deny the application.
B.
Permit procedures. Any person desiring to procure a permit for a
sign shall file with the Building Department an application form,
copies of which are available from the Building Department, accompanied
by an application fee, payable to the Town of Fishkill, in accordance
with the current fee schedule.
(1)
The application shall contain:
(a)
Name, address and telephone number of the applicant and property
owner.
(b)
Location of the building, structure or land upon which the sign
now exists or is to be erected and the location on the property where
the sign is to be erected.
(c)
For permanent signs, a scaled drawing of the sign showing:
[1]
Type of sign, shape, size and materials.
[2]
Graphic design, including pictorial matter, letters, materials
and colors.
[3]
The visual message, text, copy or content of the sign.
[4]
The method of illumination, if any, including type of lamp and
wattage, and the position of lighting.
[5]
Landscaping, if any, including types of vegetation, location
of plantings, and planting and maintenance schedule.
(d)
If a new permanent sign is to be erected, or an existing permanent
sign is to be altered in size or elevation, a plan, drawn to scale,
shall be submitted showing the following:
[1]
If a freestanding sign, a full description of the placement
of the proposed sign, specifying its location on the premises, its
orientation, and its position in relation to adjacent buildings, structures,
roads, driveways, property lines, other signs, lighting fixtures,
walls and fences.
[2]
If an awning, window, wall or projecting sign, a full description
of the placement of the proposed sign, which shall include location
on the awning, window, wall or building; the size of the awning, total
window area of the principal facade of the building, projection from
the building, if relevant; and the proposed sign's position in relation
to adjacent signs and lighting fixtures.
(e)
For all signs, if the applicant is not the owner of the property
on which the sign is to be located, written permission from the property
owner to place the sign on the property.
(2)
Planning Board review and recommendation. As part of its overall review of applications within its jurisdiction under the Code of the Town of Fishkill, including but not limited to site plan, subdivision and special permit use applications, the Planning Board shall review the proposed signage for a project, including the proposed master sign plan, if required. The Planning Board shall make a recommendation to the Zoning Administrator with respect to proposed signs, and it will make a determination with respect to a proposed master sign plan. No sign permit shall be issued by the Zoning Administrator or any duly appointed deputy administrator until a recommendation has been received. Where a master sign plan is required pursuant to § 150-43G(2)(d), the Planning Board shall make a determination regarding the master sign plan as part of the site plan approval. Once a master sign plan has been issued, only signs which conform to the master sign plan may be issued a permit by the Zoning Administrator or any duly appointed deputy administrator. If a master sign plan is required, no sign permit shall be issued until a master sign plan has been approved by the Planning Board.
(3)
Time limit. If a sign is not erected within six months following
the issuance of a sign permit for said sign, the sign permit will
become void.
(4)
Any sign requiring a permit which is removed for a period of more than 30 days cannot be reerected unless a new sign permit application is submitted and a new permit is issued in accordance with § 150-43B. This subsection shall apply regardless of when the sign which was removed was originally erected and regardless of whether said removed sign was the subject of a validly issued sign permit.
C.
Exempt signs. The following signs are exempt from the permit requirements
of this chapter. Unless otherwise limited below, such exempt sign
shall not exceed six feet in height and shall not exceed four square
feet in sign area per side. Each exempt sign must comply with all
other provisions of this chapter.
(1)
Memorial signs or tablets denoting names of buildings and dates of
erection when cut into any masonry surface or when constructed of
bronze or other noncombustible materials.
(2)
Nonilluminated secondary window signs communicating accessory information
such as hours of operation and totaling no more than one square foot
in size.
(3)
Temporary nonilluminated window signs when such signs are used to
advertise special sales, grand openings and when such signs, measured
together with all permitted window coverage, bring the total window
coverage to no more than 25% of the window surface. Such signs shall
be removed within three days of the end of the advertised sale or
grand opening.
(4)
Nonilluminated real estate "for sale" or "for rent" signs used for
the purpose of selling or leasing land or buildings for which subdivision
approval is not required, and displayed on the premises for sale or
lease, provided such sign is located on the front wall of a building
or, if freestanding, does not exceed six feet in height and is located
not nearer than 15 feet to the edge of the road or side lot line.
All such signs shall not exceed four square feet in sign area per
side, shall be limited to one per premises, and shall be removed immediately
upon sale or lease of the premises.
(5)
Traffic or other municipal signs, legal notices, railroad crossing
signs, danger and similar temporary emergency signs, signs which are
solely devoted to prohibiting trespassing, hunting or fishing, the
sign, banner or insignia of any political, educational, charitable,
philanthropic, civic, professional, religious or like campaign, drive,
movement or event, the sign, poster, flag, pennant or insignia of
any government, signs promoting a candidate or issue for an election,
and noncommercial signs. Any sign which promotes a dated event or
candidate or issue for an election, the date of which has past, shall
be removed within three days after the event or election by the owner
of the property where the sign is located.
(6)
Signs which face a wholly internal pedestrian courtyard forming a
distinct component of an integrated retail, office or business center,
which signs are not visible from any road or from parking areas.
(7)
All signs required by Town, county, state or federal regulation,
statute or local law.
(8)
Drive-through menu boards not to exceed 15 square feet in area.
[Added 7-14-2021 by L.L.
No. 3-2021]
D.
Prohibited signs. All signs not specifically permitted are prohibited.
Prohibited signs include, but are not limited to:
(1)
Off-premises signs, including billboards.
(2)
Obsolete or abandoned signs which promote a business which no longer
exists, promote a product that is no longer sold on the premises on
which the sign is located, or promote a dated event, the date of which
has passed.
(3)
Roof signs.
(4)
Portable signs, except for temporary signs that have been issued
a permit.
(5)
Signs with flashing, blinking, intermittent or moving lights, or
any artificial light which is not maintained stationary and constant
in intensity and color at all times when in use, except for signs
displaying time and/or temperature.
(6)
Mounted or portable search lighting used to project moving or stationary
overhead light beams.
(7)
Signs that contain or consist of neon lighting.
(8)
Permanent signs, other than those exempt under § 150-43C(5), that contain or consist of banners, pennants, ribbons, balloons, streamers, spinners or similar moving or fluttering devices.
(9)
Rotating signs, including all signs and devices that are not permanent
in their orientation.
(10)
Signs and obstructions which may be confused with or obstruct
the view of any authorized traffic sign or signal, obstruct the sight
distance triangle at any street intersection or extend into the public
right-of-way.
E.
Temporary signs. All signs of a temporary nature must receive permits in accordance with § 150-43B herein before being displayed, except those specified under § 150-43C, Exempt signs. Planning Board approval is not required, and the Zoning Administrator or any duly appointed deputy administrator shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Zoning Administrator or any duly appointed deputy administrator, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed. Temporary signs are permitted for:
(1)
Activities or events. Temporary signs shall be permitted for a period
not exceeding six weeks prior to the activity or event nor exceeding
three days after the activity or event. Such signs shall not exceed
16 square feet or eight square feet per side in area within nonresidential
districts or eight square feet or four square feet per side in area
within residential districts.
(2)
Temporary real estate signs. Temporary real estate signs are permitted
for each subdivision receiving final plat approval by the Planning
Board.
(a)
One such sign may be located on each side of the property which
has frontage on a Town, county or state highway or street on which
the subdivision fronts. Said sign(s) shall be located at a minimum
of 15 feet from the road and shall be permitted only during the period
of active sales, and in no case longer than two years from the date
of final approval. Upon written application from the subdivider, the
Zoning Administrator or a duly appointed deputy administrator may
extend this period for one additional year when the Zoning Administrator
or a duly appointed deputy administrator deems that the circumstances
warrant such extension. The subdivider shall post a bond, payable
to the Town of Fishkill, in accordance with the current fee schedule,
as a reasonable condition for removal.
(b)
Each such sign shall not exceed six feet in height, and shall
be located a minimum of 15 feet from any road or lot line or any building,
unless attached directly to said building. The total sign area of
each sign shall not exceed 32 square feet or 16 square feet per side.
(3)
Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale,"
or similarly descriptive signs. Said signs are permitted up to four
square feet per face in area, located fully on the property on which
such sale is being conducted, but shall not be affixed to utility
poles. Such signs shall not exceed one per premises and may be displayed
for a period of up to seven days in advance of the sale and shall
be removed within 24 hours after the sale. The permit card issued
by the Zoning Administrator or any duly appointed deputy administrator
shall be placed on the property where the sale is held and shall be
removed at the expiration of the sale. The Zoning Administrator or
any duly appointed deputy administrator must be notified prior to
a change in the date of the sale.
F.
Permanent signs within the R-4A, R-2A, R-40, R-20, R-15, R-MF-3,
R-MF-5, DMUD and HRWRD districts. Within these districts, the following
signs shall be permitted:
(1)
For each dwelling unit, one nonilluminated nameplate, professional
sign or sign indicating a permitted home occupation, with an area
of not over two square feet per face.
(2)
For permitted and special permit nonresidential uses, one sign with
a maximum sign area of 25 square feet.
(3)
For subdivisions, mobile home parks, or condominium, townhouse, co-op
or apartment complexes, one nonilluminated monument sign containing
an area of not more than 25 square feet and located not more than
six feet above ground level at its highest point, identifying the
subdivision, mobile home park or complex, may be displayed. Such sign
shall be set back a minimum of five feet from any public road. The
same restrictions shall apply if such signs are located in a nonresidential
district.
(4)
Signs for lawful nonconforming uses in residential districts shall comply with the requirements of § 150-43G(1), LHC District.
G.
Permanent signs within other districts.
(1)
LHC District.
(a)
Not more than one primary sign shall be permitted per establishment.
Such sign shall be located on the establishment's principal facade,
and shall be one of the following sign types:
[1]
Wall signs (with or without borders) as large as one square
foot per three linear feet of an establishment's front building wall
length or a maximum of 25 square feet, whichever is less.
[2]
Projecting signs as large as four square feet on each of two
sides; maximum projection of four feet from the building face; minimum
clearance from the ground: eight feet, and maximum clearance: 10 feet.
[3]
Window signs as large as 20% of the total window area of the
principal facade or a maximum of 25 square feet, whichever is less.
[4]
Awning signs projecting at least five feet into the sidewalk
but no more than seven feet with lettering up to six inches in height
and on the valance only. The extent of lettering may cover a maximum
of 50% of the valance or a maximum of 25 square feet, whichever is
less.
(2)
RB, PB, PSC, GB, and PI Districts.
(a)
Not more than two wall signs shall be permitted per establishment,
announcing the name or insignia, or both, of the establishment or
business located on the lot. For buildings that measure 100 feet or
less in length on their longest side, the combined aggregate area
of such signs shall not exceed two square feet for each linear foot
of the length of the longest side of the building or 40 square feet,
whichever is less. Buildings that are more than 100 feet in length
on their longest side shall be allowed a combined aggregate sign area
of 40 square feet plus an additional one square foot of sign area
per five linear feet of building length greater than 100 feet. A sign
bonus shall be available where the building is greater than 150 feet
from the road. In such case, the sign shall be allowed to be increased
in square footage by 25%. Where a building has more than one tenant
occupying space there shall be an allowance for each tenant to have
their own signage in conformance with the Sign Code.
[Amended 7-14-2021 by L.L. No. 3-2021]
(b)
Not more than one monument sign of a maximum height of six feet,
including the base, shall be permitted per lot. The sign area of such
monument sign shall be not larger than 32 square feet or 16 square
feet per side for a single establishment and no larger than 40 square
feet or 20 square feet per side for two or more establishments sharing
a sign. No single establishment shall occupy more than 32 square feet
or 16 square feet per side of sign area. The sign shall be a minimum
of 15 feet from the edge of the road.
(c)
Signs for internal direction shall be permitted, provided that
the individual signs are no more than two square feet on each of two
sides and are limited to generic text such as "entrance," "exit,"
"office," and "parking" or other reasonably necessary wording to ensure
the efficient circulation of vehicles and safe pedestrian passage.
Permits will be granted only if the applicant can clearly demonstrate
necessity to the Zoning Administrator or duly appointed deputy administrator
based on motorist safety and that any such directional sign will be
set back a minimum of five feet from the road.
(d)
Retail, office or business centers. Where four or more establishments
are planned as an integrated retail, office or business center, the
following sign criteria shall apply:
[1]
Not more than one primary sign shall be permitted per establishment.
Such sign shall be a wall sign located on the establishment's principal
facade and may be as large as 40 square feet in area. A sign bonus
shall be available where the building is greater than 150 feet from
the road. In such case, the sign shall be allowed to be increased
in square footage by 25%. Where a building has more than one tenant
occupying space there shall be an allowance for each tenant to have
their own signage in conformance with the Sign Code. Freestanding
signs may not be displayed by individual establishments located within
a shopping center.
[Amended 7-14-2021 by L.L. No. 3-2021]
[2]
A master sign plan is required for all new retail, office or business centers. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting and location on the establishment, as well as the specifications for the freestanding sign permitted under § 150-43G(2)(d)[3]. Within these standards, variety of graphic design is encouraged, subject to the design criteria of Subsection H. The Planning Board shall review the master sign plan for a new retail, office or business center as part of its project review. A project entailing a retail, office or business center which calls for the demolition of 50% or more of the square footage of existing structures on the site shall be considered a new retail, office or business center for the purposes of this section and subject to the master sign plan requirement.
[3]
One common freestanding sign identifying the shopping center,
mall or complex shall be permitted as follows:
[a]
Monument signs no larger than 40 square feet in
area, consisting of a maximum of 20 square feet in area per face,
to state the name of the shopping center and to advertise individual
businesses within the retail, office or business center. The sign
shall be a maximum of six feet in height (including the base). Each
advertised business shall be allowed a maximum of five square feet
in area per sign face. The sign shall be set back a minimum of 15
feet from the road.
[b]
Post-and-arm signs may be as large as 18 square
feet in area per face, with a height maximum of 12 feet (including
the post). The sign shall be set back a minimum of 15 feet from the
edge of pavement.
[4]
If the complex contains a movie theater, the movie theater shall be permitted one sign pursuant to the regulations in § 150-43G(2)(e).
(e)
Movie theaters. Movie theaters shall be permitted one freestanding
or building changeable sign advertising the name of the theater and
indicating movies currently being shown. Such changeable sign shall
be a freestanding monument or building sign and shall be permitted
25 square feet to display the name of the theater and shall be permitted
an additional maximum area of nine feet by 12 inches per number of
movie screens existing at the establishment to list the name of movies
currently being shown in lettering no more than nine inches high.
The bottom portion of the area of the sign with lettering shall be
no more than six feet from the ground. The sign shall be set back
a minimum of 15 feet from the edge of the road.
H.
Design criteria. In reviewing sign applications, the Zoning Administrator
or duly appointed deputy administrator shall determine that the sign
will meet the following criteria.
(1)
General criteria.
(a)
Signs shall be a subordinate part of the streetscape.
(b)
Signs in a particular area or district shall create a unifying
element and exhibit visual continuity.
(c)
Whenever feasible, multiple signs shall be combined into one
to avoid clutter.
(d)
Signs shall be as close to the ground as practical, consistent
with legibility considerations.
(e)
A sign's design shall be compatible with the architectural character
of the building on which it is placed and not cover any architectural
features on the building.
(f)
To the extent possible, adjacent signs on the same or adjoining
buildings shall be placed within the same horizontal band and be of
reasonably harmonious materials and colors.
(2)
General rules by sign type.
(a)
Awning signs. Awning graphics may be painted or affixed flat
to the surface of the valance and shall indicate only the name and/or
address of the enterprise or premises. Awning signs shall not be internally
illuminated.
(b)
Freestanding signs. No more than one freestanding sign may be located on a lot except that a movie theater may be allowed a freestanding sign pursuant to § 150-43G(2)(e).
(c)
Monument sign. Monument signs shall not be placed so as to impair
visibility for motorists.
(d)
Projecting signs. Projecting signs may not extend above the
height of the roofline and shall have no more than two faces. They
shall be securely anchored and shall not swing or move in any manner.
(e)
Wall signs. The visible edge or border of a wall sign may extend
up to 12 inches from the face of the wall to which it is attached,
and may not extend any distance beyond or above the building in any
direction.
(f)
Window signs. Permanent window signs must be painted on or attached
directly and permanently to the window. No more than 25% of the glass
may be covered by the lettering.
(3)
Specific criteria.
(a)
All signs, with the exception of window signs, shall be constructed
of wood, metal or other durable material as approved by the Zoning
Administrator or a duly appointed deputy administrator.
(b)
The lettering on any sign may not exceed 75% of the sign area
of any one side of the sign, with the exception of signs with no background.
The area for lettering shall be computed in accordance with the illustration
provided.
 |
(c)
The Zoning Administrator or a duly appointed deputy administrator
may require that landscaping be used at the base of a freestanding
sign if such landscaping will make the sign more compatible with the
surrounding area. Required landscaping may include, but not be limited
to one or more of the following types of vegetation: ivies, grasses,
flowers, bushes, small trees.
I.
Removal of signs.
(1)
Abandoned signs. Any sign which once advertised a bona fide business
or product or services available for purchase by the public on the
premises which no longer does so shall be deemed abandoned and must
be removed within three days after cessation of the business or cessation
of the sale of the products or services from the premises. The Zoning
Administrator or any duly appointed deputy administrator shall give
written notice to the last owner of record of the real property where
the sign is located and the permit holder, if any, at the permit holder's
last known address of record, who shall, unless good cause is shown,
remove the sign within 30 days from the date of the written notice.
If no action is taken by the owner or permit holder within said time
period, the Zoning Administrator or any duly appointed deputy administrator
may cause the sign to be removed.
(2)
Unsafe signs. The Zoning Administrator or any duly appointed deputy
administrator may cause any sign that is a source of immediate peril
to persons or property to be removed immediately and without notice.
After such removal, the Zoning Administrator shall provide written
notice that the sign was removed because it was a source of immediate
peril to persons or property. Such notice shall be provided by certified
mail, return receipt requested, to the owner of the sign at the last
known address of record and the owner of the land upon which the sign
was erected at the last known address of record.
(3)
Recovery of cost of removal. At the sole discretion of the Town,
the reasonable and necessary costs incurred by the Town for removal
of any sign shall be charged against the real property from which
the sign was removed by adding that charge to and making it a part
of the next annual real property tax assessment roll of the Town.
Such charges shall be levied and collected at the same time and in
the same manner as Town-assessed taxes and shall be paid to the Town
Comptroller, to be applied in reimbursing the fund from which the
costs of sign removal were paid. Prior to charging such assessments,
the owners of the real property shall be provided written notice to
their last known address of record by certified mail, return receipt
requested, of an opportunity to be heard and object before the Town
Board to the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
J.
Nonconforming signs other than billboards. Any increase in size or
change in the design, style, location, materials, shape, height or
location of a nonconforming sign shall not be permitted. Any nonconforming
sign that is damaged or destroyed, for a loss of 50% or more of its
value, by fire or other casualty shall not be restored, reconstructed
or replaced except by a sign that conforms to this requirements of
the chapter.
K.
Nonconforming billboards.
(1)
Any billboard which is leased or rented for profit shall be deemed
a nonconforming sign unless it is located in the PI, Planned Industry
Zone. Pursuant to New York General Municipal Law § 74-c,
Subdivision 2, such billboards shall be removed upon written notice
sent to the owners of the property to their last known address of
record by certified mail, return receipt requested, and the permit
holder, if any, at the permit holder's last known address of record
by certified mail, return receipt requested, by the Zoning Administrator
or any duly appointed deputy administrator.
(2)
If the sign has not been removed, the Zoning Administrator or any duly appointed deputy administrator shall give written notice to the last owner of record of the real property where the sign is located and the permit holder, if any, at the permit holder's last known address of record, that the sign must be removed within 30 days from the date of the written notice. If no action is taken by the owner or permit holder within said time period, the Zoning Administrator or any duly appointed deputy administrator may cause the sign to be removed and the cost of removal may be recovered from the property owner and/or permit holder, if any, in accordance with § 150-43I(3).
(3)
Billboards on state roads in the Planned Industry District may be
permitted subject to rules and restrictions established by the NYS
Highway Law § 88.
L.
Number and date. Every sign that requires a permit as regulated by
this section shall have painted in a conspicuous place thereon, in
legible letters and numbers, the date of erection and the sign permit
number. Temporary signs shall additionally have noted thereon the
date of the first day the sign may be displayed and the date it must
be removed.
M.
Maintenance. All signs and components thereof shall be kept in good
repair and in safe, neat, clean and attractive condition.
N.
Severability. If any subsection, or specific part or provision or
standard of this section or the application thereof to any person
or circumstance be adjudged invalid by any court of competent jurisdiction,
such subsection, specific part, provision or standard shall be deemed
a separate, distinct and independent provision, and such judgment
shall not affect the validity of the remaining portions thereof.
A.
Alteration of wetlands or watercourses. In any district, no regulated activity, as defined by Chapter 82 of the Town Code shall be undertaken within freshwater wetlands, watercourses, water bodies or the associated buffer area, as also defined therein, whether by removal or deposition of material or by grading or otherwise, shall be permitted except where a permit pursuant to that chapter has been obtained.
[Amended 7-14-2021 by L.L. No. 3-2021]
B.
Hilltops, ridgelines and steep slopes. For the purpose of preventing
erosion, minimizing stormwater runoff and flooding, preserving the
Town's underground water resources and protecting the Town's character
and property values, it is the intent of this chapter to regulate
the development of hilltops, ridgelines and steep slopes, and toward
this end, wherever possible, new construction shall avoid such areas
and existing vegetation in such areas shall not be disturbed. For
purposes of this section, steep slopes shall be defined as those areas
with an average slope in excess of 20% over a horizontal distance
of 100 or more feet.
C.
Procedure. Before granting or denying any request in accordance with
this section, the Planning Board:
(1)
May require a public hearing, the notice of which shall be published
in the Town's officially designated newspaper at least five days prior
to the date of such hearing.
(2)
May request a written report on the effects of such alteration by
the Soil Conservation Service of the United States Department of Agriculture
or 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.
D.
Water quantity and quality. Upon application for a rezoning, site
plan approval, subdivision approval or any other approval in an area
of the Town which is known to have conditions of uncertain water quantity
or quality, based upon the latest geodetic information, the reviewing
or approving board shall require that a hydrological study, addressing
the parameter specified by the agency, be prepared by a trained hydrologist
and submitted by the applicant to the appropriate reviewing or approving
board.
[Amended 7-14-2021 by L.L. No. 3-2021]
