Fishkill, N.Y., Code of Ordinances ch. 106 (eCode360 ed. 2026) § 106-39
Existing nonconforming parks
Operative Text
The lawful operation of any mobile home park existing on the effective date of this chapter may be continued even though such park does not conform to the use, dimensional or developmental standards stated in this chapter, or stated within Table II of the Schedule of Regulations for Residential Districts and § 150-45 of Chapter 150 , Zoning, of the Town Code, provided that: A. Such nonconforming park shall not be extended to occupy a greater area of land, or extended to provide for greater coverage of the land devoted to the mobile home park by increase in the dimension of mobile homes, increase in the number of mobile homes or pads, footprints or foundations devoted to mobile homes, decrease in the size of any mobile home lot or expansion of internal roadways and parking areas, or other physical improvements devoted to the park, unless such extension, decrease, or enlargement is permitted by the Town Board after an application and review procedure as provided in §§ 106-1 and 106-2 of this chapter, subject to such specific development standards and restrictions as the Board deems necessary. The Town Board may, in reviewing applications under this subsection, vary from or reduce the unit density or dimensional or developmental standards set forth in this chapter, or in Chapter 150 of the Town Code, pertaining to mobile home parks with the exception that the Town Board may not cause the separation between structures on adjoining lots to be reduced from the forty-foot standard in § 106-9B to any less than a separation of 30 feet. B. Such nonconforming park shall comply with the licensing requirements provided in § 106-3 of this chapter. C. Such nonconforming park shall exhibit and continue compliance with all the provisions of this article within 180 days of the effective date of this article.
Section 106-39 of Fishkill's Code of Ordinances (Chapter 106) allows mobile home parks that were lawfully operating before this chapter took effect to keep operating even if they don't meet current use, dimensional, or development standards. However, this 'grandfathered' status comes with firm limits: the park cannot be expanded in footprint, density, or infrastructure without Town Board approval through the process outlined in §§ 106-1 and 106-2, and the park must still comply with licensing rules and bring itself into full compliance with the article's other provisions within 180 days of the article's effective date. When the Town Board does review expansion requests, it retains flexibility to adjust density or dimensional standards, but it cannot reduce the separation between structures on adjoining lots below 30 feet.
Plain English — not legal advice.
Operators of mobile home parks that predate Chapter 106 in Fishkill may continue running their parks under § 106-39's nonconforming-use protection, but compliant operators generally ensure they have not expanded the park's land area, added mobile home pads or foundations, reduced lot sizes, or enlarged internal roads without first obtaining Town Board approval under §§ 106-1 and 106-2. Maintaining a current license under § 106-3 is a baseline requirement regardless of nonconforming status. Operators also typically document that their park achieved full compliance with all provisions of this article within the 180-day window established by § 106-39C.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of mobile home parks operating under the nonconforming-use protection of § 106-39 should be aware that their park is still required to hold a valid license under § 106-3 and to have come into compliance with this article's provisions within 180 days of its effective date. If a park appears to have expanded — through added pads, reduced lot sizes, or enlarged infrastructure — without Town Board approval as required by § 106-39A, that may be a basis for raising a concern with the Town of Fishkill. Tenants who believe their park is not meeting these requirements may consider contacting the Town directly, reviewing public records of any Town Board approvals, or reaching out to a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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