No lot area shall be reduced or diminished so
that the yards or other open spaces shall be smaller than prescribed
by this chapter. No yard, court or other open space provided for any
building for the purpose of complying with the provisions of this
chapter shall again be used as a yard, court or other open space for
another building.
In the case of a corner lot, the yards and areas
adjacent to the two street frontages shall be deemed front yards and,
except as herein otherwise provided, shall conform to the front yard
requirements of the district in which it is situated. The owner shall
designate which street is to be considered the front of his lot at
the time he files a building application required by this chapter.
[Amended 1-11-1993 by L.L. No. 1-1993]
Any lot smaller in area than herein required,
which was in single and separate ownership from any other adjoining
lot at the time of the enactment of this chapter and continuously
thereafter, may be improved with buildings which shall comply so far
as practicable with the provisions of this chapter.
A.
No
building or structure commonly known as a "Quonset hut" shall be moved
into our erected within any residence or business district in the
Village of Farmingdale, nor used as a part of any building or structure
within any of said districts.
B.
No
barrier device shall be installed in front of or behind a door, window
or other opening used for the purpose of securing premises by preventing
access or blocking passage to the interior of the premises facing
or fronting on a public road or highway located within any business
zoning district.
In any residence district, no accessory building
shall be nearer the front street line than 60 feet and, if on a corner
plot, shall not be nearer the side street line than the street wall
of the main building. Accessory buildings in residence districts may
occupy not more than 40% of the required area of the rear yard and
shall not be more than 18 feet in height. No part of such accessory
building shall be nearer the rear or side lot lines than three feet,
except where such accessory building is built as one unit with an
accessory building on an adjoining lot with a party wall between.
A.
Accessory garages in residence districts shall occupy
not more than 12% of the area of the lot and shall be at least 10
feet from any residence except when constructed as part of a residence.
B.
A one-story open porch or other open projection from
a building may extend not more than two feet six inches into the side
yard and may occupy not more than 20% of the side yard area.
C.
The yard area occupied by an accessory building shall
be included in computing the maximum percentage of the lot area which
may be built upon in any district.
A.
The height provisions of this chapter shall not apply
to the erection of church spires, belfries or towers designed exclusively
for ornamental purposes nor to municipal water tanks or those not
exceeding 12 feet in height above the roof on which they are located.
B.
Nothing in this chapter shall prevent the erection
above the height limit of a parapet wall or cornice extending above
such height limit not more than three feet, nor prohibit the projection
of a cornice beyond the street wall to an extent not more than two
feet.
C.
In any
district, no flagpole shall be erected that exceeds 20 feet in height.
A building permit is required to inspect the footing of any flagpole
which exceeds 15 feet.
[Added 7-10-2023 by L.L. No. 2-2023]
[Amended 6-25-1990 by L.L. No. 1-1990]
No building used for dwelling purposes shall
be located in back of or to the rear of buildings on the front of
the lot.
[Amended 6-17-2019 by L.L. No. 2-2019]
A.
Triangular lots. In the case of a triangular lot where one side of
the lot coincides with the street line, the rear lot line shall be
considered to be a line parallel to the street line passing through
the intersection of the two side lines, if such intersection is less
than 200 feet from the center line of the street in front of the property
measured as heretofore described. Where the intersection is more than
200 feet from the center line of the street in front of the property,
the rear lot line shall be considered to be a line parallel to the
street line and 200 feet from it. Where two sides of a triangular
lot each front upon a street, the remaining side shall be considered
the rear lot line. In such case, no side yard is required.
[Amended 12-16-1985 by L.L. No. 7-1985; 1-5-2015 by L.L. No. 2-2015]
There shall be provided on the same plot with
every hotel having more than 16 sleeping rooms, a graveled or paved
parking area sufficient in size to accommodate one car for each room.
Such parking area shall be upon the same plot with the hotel and shall
not be leased to the public but shall be for the sole use of the patrons
of such hotel and visitors thereto.
[Added 4-6-1959]
Any building hereafter erected for residential
purposes within a business or industrial district within the Village
of Farmingdale, or hereafter converted to residential use within any
of such districts, shall, in addition to any other requirements contained
in this chapter or in the Building Code[1] of the Village of Farmingdale or statutes or ordinances
applicable thereto, comply with the regulations regarding building
area, front yards, rear yards, side yards, lot area and height applicable
to residential buildings of similar character erected in a Residence
C District; provided, however, that if any building shall hereafter
be erected or converted for or to a multifamily dwelling in any business
or industrial district within the Village of Farmingdale, then the
same shall, in addition to any other requirements contained in this
chapter or in the Building Code of the Village of Farmingdale or statutes
or ordinances applicable thereto, comply with the regulations regarding
building area, front yards, rear yards, side yards, lot area and height
applicable to residential buildings of similar character erected in
a Residence BB District.
[Added 5-26-1958; amended 11-1-1965; 6-5-2017 by L.L. No. 9-2017]
A.
Boarding, or rooming, houses prohibited.
(1)
The Board of Trustees for the Incorporated Village of Farmingdale
finds that boarding and rooming houses are directed at a commercial
use of property that is inconsistent with the residential character
of the neighborhood in the residence districts. The Board finds that
it is in the best interest of the Village to preserve the residential
character of the residence districts of the Village by the establishment
of restrictions on these commercial, transient and institutional uses.
In accordance with these findings, boarding, or rooming, houses as
defined in this section shall be prohibited in all residence districts
of the Incorporated Village of Farmingdale.
(2)
BOARDING HOUSE or ROOMING HOUSE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, wherein
three or more rooms, with or without individual or group cooking facilities,
are rented to individuals under separate rental agreements or leases,
either written or oral, whether or not an owner, agent, or rental
manager is in residence.
B.
Roomers prohibited.
(1)
The Board of Trustees for the Incorporated Village of Farmingdale
finds that the use of single-family homes for the roomers is a commercial
use of property that is inconsistent with the residential character
of the neighborhood in the residence districts. The Board finds that
it is in the best interest of the Village to preserve the residential
character of the residence districts of the Village by the establishment
of restrictions on this commercial, transient and institutional use.
In accordance with these findings, roomers shall be prohibited in
all residence districts of the Incorporated Village of Farmingdale
in accordance with this section.
(2)
No roomers for hire or otherwise shall be permitted in any single-family
or two-family dwelling, nor shall any lodging or rooming accommodations
for hire or otherwise be furnished therein. A "roomer" shall be defined
as any individual who rents a room in any single-family or two-family
dwelling in any residence district.
C.
Supplemental requirements for bedrooms, bathrooms and kitchens in
single-family dwellings.
(1)
A bedroom in any single-family dwelling unit shall be no less
than 10 feet by 10 feet.
(2)
No more than three bathrooms shall be permitted in any single-family
dwelling. For purposes of this chapter, any room with a sink, or other
wash basin, and toilet or shower (or bath) shall be considered a bathroom.
(3)
No more than one kitchen shall be permitted in any single-family
dwelling. For purposes of this chapter, any room containing one or
more of the following: a range, oven, hot plate, microwave, or other
similar device customarily used for cooking or preparation of foods,
shall be considered a kitchen.
(4)
No sink, or other wash basin, shall be permitted unless used
in conjunction with a bathroom or kitchen. Nothing herein shall prohibit
the use of a sink in conjunction with wet bar or laundry room.
D.
Merger of lots prohibited. The provisions of this section are intended
to ensure that development in the residential districts is consistent
with the historical and existing pattern of development in the Incorporated
Village of Farmingdale. Combining two or more lots is prohibited where
the combined, or merged, lots will exceed the minimum lot area or
the minimum frontage requirements in the residence district in which
the properties to be combined are located. Notwithstanding the foregoing,
the combining, or merger, of lots shall also be prohibited where the
resulting lot is not compatible with the character of the surrounding
neighborhood.
E.
Exterior entrances and stairs prohibited. Exterior entrances and
exterior stairs to a second floor or to the basement shall be prohibited
in a residence district, except that Bilco-style doors and stairs
to basements shall be permitted.
F.
Maximum ceiling heights in basements. The height in any basement
within any residence district in the Incorporated Village of Farmingdale
shall be no greater than six feet, 11 inches.
G.
Two-family dwellings.
(1)
No two-family dwelling may be erected, nor shall any building be altered to a two-family dwelling, within any zoning district of the Village of Farmingdale. Any legal nonconforming, preexisting two-family dwelling shall be governed in accordance with Article III of this chapter.
(2)
No legal nonconforming two-family dwelling may be continued in accordance with Article III of this chapter unless:
(a)
There are a minimum of four improved parking spaces and/or garage
spaces, or combination thereof, for a two-family dwelling; plus one
additional space for each additional bedroom in excess of three bedrooms
or one additional space for each additional bathroom in excess of
three bathrooms, whichever is greater; and
(b)
The two-family dwelling is situated on a lot with:
[1]
A street frontage of more than 100 feet;
[2]
A lot area which exceeds 10,000 square feet; and
[3]
Two side yards, one on each side of the main building, extending
the full depth of the lot, the combination of which shall be no less
than 20 feet in width and with no such side yard being less than eight
feet in width; and
(c)
The two-family home complies with § 600-212C(1) and (4) and there are no more than four bathrooms and no more than two kitchens.
[Added 12-13-1971]
Whenever under the provisions of this chapter,
or as a condition for the issuance or granting of a building permit,
certificate of occupancy, special use or variance, an owner or occupant
of any land or building, or an applicant for such building permit,
certificate of occupancy, special use or variance, is required or
has heretofore been required to install off-street drainage, off-street
parking or paving, landscaping, screening, recreational areas, fencing,
utility areas, garbage collection areas, lighting, water disposal
systems or other areas or installations required by this chapter or
imposed as a condition for the granting or issuance of any building
permit, certificate of occupancy, special use or variance by any Board
or officer of the Incorporated Village of Farmingdale or other municipal
board or officer having jurisdiction thereof, the owner and occupant
of said premises shall maintain all of said areas and installations
in a safe, proper, clean and efficient manner and in good repair without
permitting the same to deteriorate or to become in disrepair or fail
to function in a proper, clean or efficient manner, and the failure
of the owner and occupant to maintain such area and/or installation
in the manner hereinabove provided shall be a violation of the certificate
of occupancy issued to said owner and/or occupant for the building
and premises and shall be deemed a violation of this chapter.
[Added 12-13-2005 by L.L. No. 2-2005; amended 2-6-2017 by L.L. No.
2-2017; 6-5-2017 by L.L. No. 10-2017]
A.
The maximum floor area ratio (FAR) for any dwelling in any residence
district of the Village shall not exceed 35% and no dwelling may be
in excess of 3,500 square feet.
B.
For purposes of this chapter, "floor area" shall be the sum, in square
feet, of the areas of all floors of a building or buildings, measured
from the exterior faces of exterior walls or from the center line
of a party wall separating two buildings, and including cellar, basement,
interior balconies and mezzanines, enclosed porches, garage space,
any roof-covered deck or patio and the floor area of accessory buildings;
provided that the term shall exclude the floor area of cellar, basement
and penthouse areas or portions thereof where a permissible use is
designated exclusively for dead storage, off-street parking facilities
or utility or other equipment installed for the normal operation and
maintenance of such building or buildings.
[Added 6-7-2011 by L.L. No. 2-2011]
A.
Purpose and intent. This section is designed to permit outdoor dining
in areas where it is appropriate and to promote and protect the public
health, safety and general welfare. The specific purposes of this
section are:
C.
Eligible establishments.
(1)
Only commercial establishments with a proper certificate of
occupancy for a restaurant use, which has heretofore been duly issued
by the Village which take orders and maintain table service within
their establishments, may take orders and serve food and beverages
in such outdoor dining areas.
(2)
Other commercial establishments that are not restaurants referred to in Subsection C(1) above, which sell food, may apply for an outdoor dining permit but may not take orders or serve food and beverages at such outdoor dining areas.
(3)
Other commercial establishments, with the permission of the
Board of Trustees, are eligible.
D.
Application for permit.
(1)
Any application for outdoor dining shall be made to the Village
Clerk in writing on a form prescribed by the Village Clerk's office.
(2)
Such application shall contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The name, address and telephone number of the establishment
to be the subject of the application and the name, address and telephone
number of the owner and/or operator of the establishment or designated
responsible representative.
(c)
Whether alcoholic beverages are to be served; if so, a copy
of the appropriate liquor license issued by the State of New York
is to be appended to the application.
(d)
A survey of the subject property also indicating the adjacent
property which is Village owned.
(e)
A plan showing the complete sidewalk area, including trees,
receptacles, fire hydrants and all other features with the location
of all furniture and fixtures to be used, including a fully dimensioned
seating plan and the location of entrances and exits.
(f)
Descriptive material showing all furniture and fixtures to be
used and how such furniture and fixtures shall be stored or secured
during non-operational hours.
(g)
A representation that no live or mechanically reproduced music is to be played outside, or a representation that a permit for playing outdoor music has been previously issued or a representation that an application to play outdoor music pursuant to § 375-4A is being made simultaneously with the outdoor dining permit.
[Amended 6-7-2021 by L.L. No. 4-2021]
(h)
Any other information that the Village Clerk may find reasonably
necessary to determine whether a permit should be issued.
E.
Standards for issuance of permit. The following standards shall apply:
(1)
The proposed outdoor dining will not interfere with pedestrian
traffic or use of the Village-owned portion of the property adjacent
to the establishment.
(2)
The applicant is in compliance with and has met all other applicable
provisions in this chapter and those in the New York Building and
Village Zoning Codes.
F.
Effect of permit.
(1)
The consumption of alcoholic beverages of any and all types
and kinds in such outdoor dining areas is prohibited unless served
by the licensed premises and accompanied by the service and consumption
of food. It is the responsibility of the owner and/or operator of
the premises who has obtained a permit hereunder for outdoor dining
to ensure compliance with this provision.
(2)
A permit holder shall be bound by all applicable rules, regulations,
ordinances, local laws and statutes. The Board of Trustees may, by
resolution, adopt, from time to time, any additional rules and regulations
pertaining to such permits. The permit may be conditioned on modifications
or restrictions intended to ensure compliance with all applicable
rules, regulations, ordinances, local laws and statutes and the general
protection of health, safety and welfare.
(3)
No other activities of any nature conducted now or hereafter
by any commercial establishment, enterprise, business, venture or
shop in the Village, otherwise prohibited by all applicable rules,
regulations, ordinances, local laws or statutes are changed, amended,
suspended or altered in any respect because of this chapter.
(4)
Such outdoor dining activities shall be limited to areas directly
to the front or rear of each store or merchant's establishment. There
shall be a minimum of four feet total sidewalk width clearance to
provide adequate and unobstructed pedestrian movement, such width
to be measured from the outermost point of the outdoor dining area
to brick work.
G.
Liability of permit holder. The person or persons to whom a permit
for outdoor dining has been issued shall be liable and shall indemnify
the Village for any loss, damage, or injury or expense sustained by
the Village arising out of any claim or cause of action instituted
or commence by any person or persons arising out of the issuance of
such permit or as a direct or indirect result of the operation of
such outdoor dining area.
H.
Insurance. Prior to the issuance of a permit, the applicant for a
permit shall present to the Village a certificate of insurance for
comprehensive general liability, naming the Incorporated Village of
Farmingdale, its agents, representatives, officers, and employees
as additional insureds, for combined single limits of no less than
$1,000,000 per occurrence and $2,000,000 general aggregate and additional
umbrella limits of $1,000,000.
I.
Revocation or suspension of permit. The Village Clerk shall have
the authority to revoke or suspend a permit, when, in the Clerk's
sole discretion, the Clerk finds a violation of any applicable rule,
regulation, ordinance, local law or statute, or that a continuation
of said permit would constitute a hazard or nuisance, or upon good
cause shown.
J.
Appeal from denial, revocation or issuance of permit. Appeals from
the issuance, denial, revocation or other condition of a permit may
be taken to the Village of Farmingdale Board of Zoning Appeals by
any aggrieved person within 30 days from the date of the issuance,
denial or revocation, by filing a written notice of appeal with the
Village Clerk.
K.
Maintenance of premises. The outdoor dining area and adjacent areas
shall be periodically cleaned and kept refuse-free. The outdoor dining
area and adjacent areas shall be swept and washed down each night
just prior to closing and at other times as needed. Sufficient containers
for trash shall be placed in the outdoor dining area.
L.
Lighting and outdoor cooking. Lighting shall be minimal and shall
be installed so that direct or indirect illumination from the source
light shall not cause illumination in excess of 0.5 foot candles on
any abutting property. No outdoor cooking of any type is permitted.
M.
Furniture fixtures and signage. All furniture and fixtures used in
conjunction with outdoor dining must be of a temporary nature, and
must be brought in at closing time. No signage shall be permitted
to be affixed to any temporary structures unless approved by the Board
of Trustees following the recommendation of the Planning Board. All
furniture and fixtures shall be approved by the Village Clerk in conformity
with guidelines established by the Architectural Design Review Board.
N.
Permit; term; renewals.
O.
Severability. If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
[Added 1-7-2013 by L.L. No. 2-2013]
A.
Legislative intent; purpose. The Mayor and the Board of Trustees
find it necessary to protect the public from establishments which
are unlicensed from performing massages on unsuspecting persons and
from establishments operating under the guise of being a massage establishment,
when actually engaging in illegal activities and subjecting the public
to exposure of unclean, unhealthy and possibly contaminated conditions.
These illegal activities have a deleterious effect on the public health,
safety and welfare of the Village, its residents and the public at
large. It is, therefore, the intent of the Mayor and the Board of
Trustees to regulate establishments that perform massages and to eliminate
those enterprises which jeopardize the public health, safety, and
welfare.
B.
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE PRACTITIONER
PERMITTEE
PERSON
RECOGNIZED SCHOOL FOR MASSAGE
VILLAGE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the body, flesh or musculature with the hands or with the aid of any
mechanical electrical apparatus or appliance, with or without such
supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powder, lotions, ointments, or other similar preparations, for
therapeutic, rehabilitative or relaxation purposes.
A fixed place of business where one or more persons engages in or carries on, or permits to be engaged in or carried on, the practice of massage. A business which provides massage services of any kind, in whole or in part, excluding those identified in § 600-216G.
Any individual who engages in the practice of massage.
The owner, proprietor, manager, or operator of a massage
establishment, outcall massage service, or solo practitioner massage
establishment.
Any individual, partnership, firm, association, company,
corporation, or combination of individuals of whatever form or character.
A school or institute of massage therapy with a program registered
by the Department of Education of the State of New York, or its substantial
equivalent in both subject matter and extent of training, provided
that the program in such school or institute shall consist of classroom
instruction of a total of not less than 500 hours in subjects satisfactory
to the Department of Education and upon completion requires passage
of an examination satisfactory to the State Board for Massage Therapy
and in accordance with the Commissioner's regulations.
The Incorporated Village of Farmingdale.
C.
Special use permit required. No massage establishment may be open,
operate, exist or be occupied without first obtaining a special use
permit after a public hearing from the Board of Trustees. A property
owner or landlord shall not permit a tenant or subtenant to open or
operate a massage establishment within the Village unless a special
use permit has been obtained for such massage establishment.
D.
License required. No massage establishment may be open, operate,
exist or be occupied within the Village, unless a license shall first
have been obtained for such establishment from the Village Clerk.
A property owner or landlord shall not permit a tenant or subtenant
to open or operate a massage establishment within the Village unless
a license has been obtained from the Village. The owner of the building
where the business is proposed to be located shall be a co-applicant
on the license application. Upon change in ownership or change in
operation of the massage establishment, a new license shall be required.
E.
Parties responsible. The tenant, subtenant, and owner of a building
or the permittee shall be required to comply with the regulations
set forth in this chapter. The owner of the building or the permittee
shall prohibit any tenant, subtenant or other person from operating
in violation of this chapter.
F.
Supplemental regulations. The following regulations shall be applicable
to all massage establishments and massage activities:
(1)
The hours of operation shall be limited to 8:00 a.m. to 9:00
p.m.
(2)
There shall be no outdoor activity associated with the massage
activity or establishment.
(3)
All refuse, garbage, waste, solid or otherwise, shall be properly
disposed of; laundry shall be changed after each massage/client; laundry
shall be cleaned on a daily basis during the days the establishment
is in operation; all rooms, tables, etc., shall be sanitized daily;
and all massage practitioners shall sanitize their hands prior to
performing a massage.
(4)
All massages shall be therapeutic and health-related. No massages
shall be provided which are unlawful, illicit or involve sexual acts
or relations or are sexually oriented or explicit, nor shall any advertisements
for the premises or massage establishment suggest that such unlawful,
illicit or sexual oriented or explicit services are provided (including
but not limited to print advertisement and Internet advertisement).
(5)
No massage services shall be provided to persons under the age
of 18 unless the parent or guardian of said minor is physically present
when such services are provided or such parent or guardian has provided
written authorization, properly notarized, for such services.
(6)
The massage establishment, any massage practitioner working
in or any person practicing or providing massage services or any person
occupying the establishment shall obtain, and maintain in effect all
licenses and permits required by any and all applicable state and
local governmental authorities for the provision of massage services,
including those required pursuant to Article 155 of the New York State
Education Law. Anyone providing massage services shall have a degree
demonstrating graduation from a recognized school for massage.
(7)
All persons providing massage services shall obtain and keep
current photo identification from the New York State Department of
Education (DOE), the New York State Department of State (DOS) or other
appropriate New York State licensing department establishing that
said person is licensed to provide massage services. The current New
York State license, registration and photo I.D. shall be posted in
a prominent location within the premises establishing that all persons
providing massage services are properly licensed and registered. This
requirement shall not apply to the extent that a provision of state
law (such as Article 155 of the New York State Education Law) exempts
a person who provides massage services from the requirement to be
licensed and/or registered. Upon request by either a customer or a
representative of the Village, the original of such documents shall
be produced for inspection. The names and addresses of all persons
who are providing massage services, along with copies of their permits
and licenses, shall be provided to the Village before any such person
may be permitted to provide massage services.
(8)
The property owner, landlord or license holder shall provide
Village representatives and/or the police access to the premises in
order to allow them to ascertain which persons are providing massage
services on the premises and to confirm whether such persons are in
fact properly licensed and/or registered.
(9)
Within five days after receipt of same, the operator of a massage
establishment shall provide to the Village copies of any summonses
or violations issued with respect to the operation of the massage
establishment.
(10)
The massage establishment shall not be conducted in a disorderly
manner or in a manner that constitutes a public nuisance.
(11)
Alcoholic beverages shall not be sold or consumed on any premises
where massage services are provided.
(12)
The special use permit and license shall be immediately revoked
if, subsequent to the issuance of the special use permit or license,
any person providing massage services on the premises has been criminally
convicted of a charge involving prostitution or illegal drug use or
the unauthorized or unlicensed provision of massage services. Under
such circumstances no massage activities will be permitted prior to
the issuance of a new special use permit and license.
(13)
No license or permit shall be issued unless there is evidence
of insurance in amounts (and form) which are satisfactory to the Board
of Trustees. The Board of Trustees shall set from time to time, by
resolution, the required amounts and form of insurance.
G.
Exemptions. The following shall be exempt from the requirements of
this chapter:
(1)
The practice of massage therapy by any person who is authorized
to practice medicine, nursing, osteopathy, physiotherapy, chiropractic,
or podiatry by the State of New York or any other state within the
United States of America. This exception shall only apply to the person
who is so authorized and not one employed by, agent of, or assisting
such authorized person.
(2)
The practice of facial or neck massage which is customarily
given in barber shops or beauty parlors for the purpose of beautification
by any licensed barber or beauty culturist.
(3)
The practice of massage therapy by any person:
(a)
Employed in a medical institution licensed or chartered by the
State of New York, provided that such person is under the on-site
supervision of a person licensed to practice massage therapy or authorized
to practice massage therapy in conjunction with the practice of medicine,
nursing, osteopathy, physiotherapy, chiropractic, or podiatry.
(b)
Enrolled in a program of a recognized school or institute of
massage therapy, provided that such person is under the on-site supervision
of a person licensed to practice massage therapy or authorized to
practice massage therapy in conjunction with the practice of medicine,
nursing, osteopathy, physiotherapy, chiropractic, or podiatry.
(c)
Employed as a trainer by a professional athletic association,
club or team, or as a member of the physical education department
of an accredited university, college or high school.
H.
Enforcement; penalties for offenses. The building inspector shall
be charged with the enforcement of this chapter. Anyone violating
this chapter shall, upon conviction, be subject to a fine of up to
$2,500 and 15 days' imprisonment or both. Each day that a violation
continues shall be deemed a separate offense. Anyone operating a massage
establishment, or otherwise providing massage, in violation of the
Zoning Code of the Village of Farmingdale, and any owner, tenant,
or permittee of the premises where such violations are committed,
shall also be subject to the fines and penalties set forth in this
section.
I.
Conflicts; severability. Wherever the requirements of this chapter
are at variance with other articles, sections or chapters of the Code
of the Village of Farmingdale, or any other lawfully adopted rule,
regulation, local law or other enactment, the most restrictive or
that imposing the highest standards shall govern unless a contrary
intent is expressly stated. If any section, paragraph, subdivision,
clause or provision of this chapter shall be adjudged illegal or invalid,
such adjudication shall apply only to the section, paragraph, clause
or provision so adjudged, and the section, paragraph, clause or provision
so adjudged shall be severed and the remainder of this chapter shall
remain valid and effective.
