[Added 3-28-1985 by L.L. No. 5-1985]
The following use regulations shall be applicable in all districts where applicable.
[1]
Editor's Note: Former Article VIII, Supplementary Use Regulations, was revised and split up into Articles X, General Use Regulations, XI, Planning Board Special Permits - Supplementary Use Regulations, and XII, Zoning Board Special Permits - Supplementary Use Regulations, by L.L. No. 5-1985.
Farms, farm uses, greenhouses, nurseries, other than business nurseries, and other customary agricultural operations are permitted in all districts, provided that:
A. 
Setbacks for farm buildings. No building in which farm animals are kept shall be closer than 100 feet to any adjoining lot line. No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line, watercourse or wetland area. No greenhouse heating plant shall be operated within 100 feet of any adjoining lot line.
B. 
Sale of products. No products other than the ones produced or customarily sold on the premises shall be publicly displayed or offered.
C. 
Minimum lot size. The minimum lot size shall be five acres for the growing of crops and plants, and 10 acres for keeping of livestock or poultry.
[Amended 9-26-2000 by L.L. No. 5-2000]
No process or activity shall be permitted in any district which is obnoxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, radiation, glare, noise or that which constitutes a public hazard by reason of unreasonable fire, explosion or otherwise.
In any district where permitted, customary accessory uses shall:
A. 
Incidental. Be clearly incidental to the principal use.
B. 
Nonbusiness. Not include any activity commonly conducted as a business except where allowed by special permit, and in that event, the obtaining of a special permit shall be required.
C. 
Other prohibitions. Shall not be interpreted to allow a use which, under the provisions of this law, requires a special permit or variance, unless such special permit or variance is obtained, or be interpreted to allow a use which is otherwise prohibited by the chapter.
A. 
For the purpose of safeguarding the public health and safety, preventing pollution or contamination of public watercourses, protecting watershed areas and natural aesthetic conditions and protecting persons and property in time of flood, there shall be no residential buildings or structures erected, built or otherwise placed and no private sanitary disposal system or water supply system located on land along watercourses in the Town of East Fishkill where areas are subject to periodic inundation and flooding by the one-hundred-year flood, or as delineated by the United States Department of Housing and Urban Development Flood Hazard Boundary Maps as adopted by the Town of East Fishkill on August 12, 1976.
B. 
All residential buildings located on land along watercourses in the Town of East Fishkill but outside the flood hazard boundary shall have the lowest habitable floor (basement or other) elevated to at least one foot above the one-hundred-year flood level.
C. 
Such uses as shall not be endangered by periodic or occasional inundation or as shall not procure unsatisfactory living conditions may be allowed by a special permit, at the discretion of the Zoning Board of Appeals.
D. 
In the event of uncertainty as to the delineation of the flood hazard boundary or any lot or parcel, said boundary in question shall be determined by resolution of the Town Board based upon topographic and engineering data as provided by the applicant or information otherwise available to the Town Board, and the Housing and Urban Development Flood Hazard Boundary Map shall be amended where applicable.
Temporary office and temporary storage of equipment is allowed, provided that:
A. 
Construction related. Both must be in connection with construction on the lot.
B. 
Removal. Both must be removed before a certificate of occupancy is granted.
[Amended 11-14-2002 by L.L. No. 9-2002; 2-27-2014 by L.L. No. 2-2014]
Accessory parking, permitted as a right in residential zones (See Schedule of Permitted Uses.[1]) shall authorize the parking of one commercial vehicle (including commercial vehicles with lettering or advertising) per residential lot not to exceed 16,000 pounds or single axle. All vehicles must be registered and owned by the owner of the residence. No unregistered vehicles, tractor-trailer cabs or bodies, tow trucks, septic haul trucks, moving vans, hydraulic lift vehicles (a/k/a "cherry pickers") or any excavation or earthmoving equipment, including bulldozers, backhoes, soil-separation equipment, lawn maintenance equipment or related trailer bodies used to convey such equipment are permitted. The ZBA may permit a tow truck, lawn maintenance equipment or other small commercial vehicle needed for employment by the resident property owner.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Added 2-27-2014 by L.L. No. 2-2014]
A resident owner of a residential lot is permitted to park one recreational vehicle (such as a trailer, boat, camper, or mobile home) per lot in the rear yard only. Recreational vehicles must meet setbacks.
A. 
Vehicular access shall be allowed only at a maximum of two locations along the street line. On a state or a county highway, the locations must be approved by the respective agency having jurisdiction.
B. 
Outdoor storage or display shall not be allowed except by special permit for special sale days by the entire shopping center.
C. 
A landscape buffer strip of a five-foot-high dense evergreen screen or equal substitute shall be provided along any property line that abuts a residential district. The width of this landscape buffer strip shall be a minimum of 15 feet and shall serve only this purpose.
[Amended 10-25-2012 by L.L. No. 8-2012]
D. 
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet, which shall designate the entire shopping center.
E. 
Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass areas or other landscaping material per a schedule submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for circulation and parking of vehicles.
A. 
Vehicular access shall be allowed at a maximum of two locations along the frontage of the parcel except in the case of an exceptionally large holding wherein the traffic circulation will be improved and safety maintained if additional access is provided. Outdoor storage or displays shall not be allowed except by the issuance of a special permit for an activity that is being promoted by the entire complex.
B. 
A landscaped buffer strip of a minimum width of 25 feet shall be provided along any property line that abuts a residential district. In addition, the side yard shall be increased to 100 feet if the building abuts a residential district. The landscaped buffer strip shall act as an effective screening device and shall not be used for any other purpose.
C. 
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance, or a single freestanding sign for the identification of the center whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to the application for a sign permit.
D. 
Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass or other landscaping materials per a schedule to be submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for the circulation and parking of vehicles.
[Added 6-14-1979 by L.L. No. 4-1979]
A. 
Vehicular access shall be allowed at a maximum of two locations along the boundary of the parcel property, except in the case of a large holding wherein the traffic circulation and/or safety can be maintained and/or improved if additional access is provided. Outdoor storage or displays shall not be allowed except by the issuance of a special permit for an activity that is being promoted by the entire complex.
B. 
A landscaped buffer strip of a minimum width of 35 feet shall be provided along any property line that abuts a residential district. The landscaped buffer strip shall act as an effective screening device and shall not be used for any other purpose.
C. 
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance or a single freestanding sign for the identification of the renter whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to application for a sign permit.
D. 
Within the total area required for off-street parking, a minimum of 8% of that area shall be landscaped with trees, shrubs, grass or other landscaping materials per a schedule to be submitted with the site plan. The landscaped area shall afford an opportunity to maintain the aesthetics of the town and act as guides for the circulation and parking of vehicles.
E. 
Consideration for rezoning of parcels to PRDP Zone.
[Added 8-24-1993 by L.L. No. 4-1993]
(1) 
Where lots smaller than five acres, but at least 1.5 acres in size, were lawfully created prior to the effective date of this subsection (September 9, 1993), the Town Board may consider such parcels eligible for rezoning to PRDP, and may approve a rezoning to PRDP under the reduced bulk standards established herein, if it finds that such rezoning would benefit the town. The decision to approve, or decline to approve, such a rezoning is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for PRDP rezoning at any stage of the proceedings.
[Amended 6-14-2001 by L.L. No. 3-2001]
(2) 
Parcels will be eligible for consideration under this subsection if they meet the following requirements:
(a) 
The lot(s) to be rezoned were created prior to the effective date of this subsection (September 1993);
(b) 
A portion of the parcel is within 1,000 feet of an existing state or county road;
(c) 
The parcel has access to a state or county highway over an improved road acceptable to the Town Board, having a minimum fifty-foot right-of-way, and having provided sufficient proof to the Town Board of future maintenance of the access roadway; and
(d) 
The parcel meets the standards contained in § 194-55A through D of the Zoning Code, or, alternatively, that the property is already developed, pursuant to a site plan approved by the Town Planning Board.
(3) 
If the Town Board, in its discretion, determines to rezone such preexisting parcels to PRDP, the following bulk standards will apply for new construction:
(a) 
Minimum lot size: 1.5 acres.
(b) 
Minimum open space requirement: 20%.
(c) 
Maximum FAR: 0.3
(d) 
Minimum lot width at the building line: 100 feet.
(e) 
Minimum yards: front, 50 feet; side, 20 feet on one side or 40 feet combined both sides; rear, 30 feet.
(f) 
Minimum landscaping of 25 feet in front yard and 10 feet in side and rear yards.
(g) 
Maximum height: three stories/40 feet.
(h) 
Minimum yard distance of 100 feet from Route 52 to any building line.
(4) 
Except as explicitly provided in this Section E, all other standards of §§ 194-15 and 194-55A to D shall apply.
(5) 
Developed lots which are already improved with existing buildings pursuant to an approved site plan shall be deemed conforming.
[Amended 6-14-2001 by L.L. No. 3-2001; 7-26-2007 by L.L. No. 3-2007[1]]
Kennels shall meet all the applicable conditions set forth in this section.
A. 
Adequate shelter. Each kennel shall be equipped with housing or shelter facilities sufficient to provide adequate cover and shelter for all dogs which may be housed in the kennel.
B. 
Adequate runway area. For each dog housed in the premises being over six months of age, there shall be a minimum of 80 square feet of runway area or exercise pen.
C. 
Runway enclosure. Runways or exercise pens located within the kennel shall be enclosed by wire fence of a height to be prescribed by the Planning Board, but in no event less than six feet in height.
D. 
Kennel facility enclosure. All kennel facilities shall be maintained in enclosed structures, which shall be of soundproof construction and so constructed and maintained as to produce no dust or odors at the property line.
E. 
Number of dogs. The Planning Board may prescribe the maximum number of dogs to be boarded, harbored, kept or trained. That number shall not exceed the number equivalent to 10,000 square feet per 100 pounds of average adult animal body weight of the species so harbored, provided that in no event shall a kennel harbor more than a total of 50 dogs. As used herein, the square footage of the lot is that area of the lot not including any required yards.
F. 
Setbacks. The kennel, including structures, buildings, runways and exercise pens, shall not be constructed or maintained within 150 feet of any property line.
G. 
Hours of operation. Between the hours of 8:00 p.m. and 8:00 a.m., all dogs shall be confined in a fully enclosed and suitably ventilated building of soundproof construction.
H. 
Buffers. The kennel, including structures, buildings, runways and exercise pens, shall be screened from any surrounding uses. The type of screening shall be at the discretion of the Planning Board, based on consideration of protecting surrounding uses, minimizing noise, and minimizing adverse aesthetic impact.
I. 
Considerations. The Planning Board may consider the number, size, breed and temperament of the animals to be sheltered and may impose reasonable conditions to protect proximate uses, minimize noise, odors and adverse aesthetic impact, protect the animals harbored or sheltered and ensure the health, safety and general welfare of the community.
J. 
Inspection. The kennel shall be open for periodic inspection by the Zoning Administrator and/or the Dog Warden.
K. 
Nuisance. The granting of a special permit to operate a kennel shall not be deemed to bar the institution of any action to enjoin a nuisance.
[1]
Editor's Note: This local law also provided for the relocating of these provisions from Art. XII, Zoning Board Special Permits - Supplementary Use Regulations, to this Art. X, General Use Regulations.
[Added 6-25-2020 by L.L. No. 2-2020]
Contractors' yards are permitted in I-1 and I-3 Districts, provided the following standards are met:
A. 
Areas set aside for the outdoor storage of construction vehicles and materials associated with the business shall not exceed 50% of the total lot area. No material storage pile shall exceed a height of 10 feet. The Planning Board may require that stored vehicles and materials be located within buildings or garages. The site shall be maintained in an orderly and safe condition at all times.
B. 
No storage of any hazardous materials will be permitted. All fuel-storage tanks shall have self-containment capabilities in case of spill or leak. The Planning Board may require additional protection as needed to protect the health, safety and welfare of the public.
C. 
All maintenance work on equipment shall be performed within a structure or on an impervious surface that is designed to retain any spillage of fluids and cleaned immediately upon completion of work.
D. 
Any vehicles stored overnight must be parked in an approved parking space.
E. 
Where a contractor's yard abuts a residential district there shall be a minimum of a fifty-foot side and rear yard on the side abutting the residential district. Contractors' yards shall be fully screened from residential properties by an opaque screen (fence, vegetation, wall, or berm) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 194-98, Walls and fences, to achieve the required screening.
F. 
Outdoor areas designated for construction vehicle or material storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 194-98, Walls and fences, to achieve the required screening.
G. 
Prohibited activities. Garbage or waste-transfer stations; mining; rock/stone/concrete crushing; the storage, processing or handling of contaminated materials, waste materials as defined in 6 NYCRR Part 360, or hazardous materials as defined in 6 NYCRR Part 371; the storage of buses, trucks or vehicles not used as part of an approved contractor office business. In addition, the storage, processing or handling of petroleum products shall be prohibited except for heating fuel for use on-site.
H. 
In accordance with Chapter 194, Zoning, the Zoning Board of Appeals may grant relief from the requirements found in § 194-55.2.
[Added 6-25-2020 by L.L. No. 2-2020]
The storage of commercial vehicles as a principal use is allowed in the I-1 and I-3 districts and is subject to the following requirements of this chapter:
A. 
Areas set aside for commercial vehicle storage shall not exceed 70% of the total lot area.
B. 
Commercial vehicle storage areas must be designed to allow for safe access and maneuverability on-site, including access for emergency service vehicles.
C. 
Where a commercial vehicle storage area abuts a residential district there shall be a minimum of a fifty-foot side and rear yard on the side abutting the residential district.
D. 
All commercial vehicles must be operable and registered with the State Department of Motor Vehicles.
E. 
The Planning Board may require that stored vehicles be located within buildings or garages. Any vehicles stored overnight must be parked in an approved parking space.
F. 
Outdoor areas designated for commercial vehicle storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles. The Planning Board is expressly authorized to modify any fence or vegetation height restriction based on the needs of the site including those requirements set forth in § 194-98, Walls and fences, in order to achieve the required screening.
[Added 9-22-2022 by L.L. No. 7-2022]
Generators used for emergency purposes shall be considered compliant with the Town Code and shall not require a variance if:
A. 
They are placed in a side yard or rear yard;
B. 
Are at least 10 feet away from the nearest lot line; and
C. 
Are not more than three feet away from the closest side of the house.
[Added 9-22-2022 by L.L. No. 7-2022]
A. 
Purpose. The Town Board of the Town of East Fishkill, to promote agrarian uses and animal education, while protecting the community from certain nuisances, enacts the following restrictions on the keeping of chickens within the Town.
B. 
Definition of chicken. A "chicken" shall be defined as a member of the species Gallus gallus domesticus.
C. 
Zoning districts. One chicken shall be permitted for each 2/10 of an acre in the R-1, R-2, R-3, and AFO Zoning Districts (i.e,. on a 2.4 acre lot, 12 chickens shall be permitted), but in no circumstance shall the number of chickens on any lot exceed 30 chickens. Chickens shall not be permitted in any zoning districts not explicitly listed in this section.
D. 
Male chickens. No male chickens (i.e., roosters) shall be permitted on any lot less than 10 acres in size.
E. 
Shelter. Chickens shall be enclosed with chain-link, open-mesh fences or caging. Said fence (chain-link or mesh) or cage shall not exceed eight feet in height and must contain an area of at least four-square feet for each chicken. The shelter must contain adequate ventilation, light, and drainage as determined by the Building Inspector. The fence (chain-link or mesh) or cage shall be at least 25 feet from any property line or double the required setback for that district, whichever is greater. In no circumstance may the shelter be located in the front yard of any lot. All shelters shall be removed within 30 days after no longer housing any chickens.
F. 
Feed containers. All feed shall be stored in rodent-proof containers, as determined by the Building Inspector.
G. 
A building permit shall be required for the construction of a coop/pen for the keeping of chickens.
H. 
Penalties for offenses. A violation of this article shall constitute an offense punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days and/or a civil penalty of $1,000. Each day said violation continues shall constitute a separate violation.
[Added 12-8-2022 by L.L. No. 10-2022]
A. 
No individual, corporation, limited-liability company, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind shall be permitted to sell, offer for sale, possess with intent to sell or manufacture within the Town of East Fishkill any tobacco products, vaping products, synthetic cannabinoids, synthetic cannabinoid analogues, or any products containing one or more synthetic cannabinoids or analogues within 1,500 feet of a school or house of worship.
B. 
For the purposes of this chapter, "vaping" consists of the inhaling and exhaling of vapor produced by an electronic cigarette or similar device and "synthetic cannabinoid" shall mean any chemical which reacts with cannabinoid receptors and has been permanently or temporarily placed on the federal Schedule of Controlled Substances.[1]
[1]
Editor's Note: See 21 CFR Part 1308.
C. 
This chapter pertains to any location beginning sales after the effective date hereof.
D. 
Any person who knowingly violates the provisions of this section shall be guilty of an unclassified misdemeanor punishable by a fine of up to $1,500 per day and/or up to one year's imprisonment. Each day during which any violation of the provisions of this section continues shall constitute a separate offense.