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.
[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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Sheds.
(1)Â
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)Â
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)Â
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)Â
Any shed containing a garage door must meet the requirements
of a detached garage.
(5)Â
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.Â
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.Â
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.
[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.Â
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)Â
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)Â
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)Â
Enclosure. A wall or fence of location, height and design approved
by the Planning Board may be substituted for the required planting.
B.Â
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.Â
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.
[Added 3-28-1985 by L.L. No. 7-1985]
A.Â
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.
[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.Â
Drive-through
aisles shall have a minimum twenty-foot radius at curves and a minimum
width of 12 feet.
B.Â
Each
entrance to an aisle and the direction of traffic flow shall be clearly
designated by signs and pavement markings.
C.Â
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.Â
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.Â
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.Â
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.
