The zoning districts listed below are hereby established, and
the Village of Airmont is divided into the districts listed.
Symbol
|
Title
|
---|
RR-50
|
Rural Residential District (50,000 square feet per lot)
|
R-40
|
Residential District (40,000 square feet per lot)
|
R-35
|
Residential District (35,000 square feet per lot)
|
R-25
|
Residential District (25,000 square feet per lot)
|
R-15
|
Residential District (15,000 square feet per lot)
|
RSH
|
Specialized Housing Residential District
|
NS
|
Neighborhood Shopping District
|
VC
|
Village Center District
|
PO
|
Professional Office District
|
LO
|
Laboratory-Office District
|
PI
|
Planned Industry District
|
The boundaries of said districts are hereby established as shown
on the Zoning Map and which, with all explanatory matter thereon,
is hereby adopted and made a part of this chapter. A copy of said
map, indicating the latest amendments, shall be kept up-to-date in
the offices of the Village Clerk for the use and benefit of the public.
In determining the boundaries of districts shown on the Zoning
Map, the following rules shall apply:
A. Where a district boundary is shown following a street, highway, road,
right-of-way, the New York State Thruway, any parkway, a public utility
right-of-way, railroad, or a stream or watercourse, the boundary is
respectively the center line of such street, highway, road, right-of-way,
thruway, parkway, public utility right-of-way, railroad, main channel
of a stream or watercourse.
B. Where a district boundary is shown as following a Village boundary
line, a property line, a lot line or a projection of any one of the
same, such boundary shall be such landmarked or monumented line or
projection thereof. If such boundary is shown as separated from but
approximately parallel to any such landmarked or monumented line or
projection thereof, such boundary shall be deemed to be parallel to
any landmarked or monumented line or projection thereof, as the case
may be, at such distance therefrom as shown on the Zoning Map. If
such boundary is shown as separated from but approximately parallel
to any such landmarked or monumented line, such district boundary
shall be deemed to be parallel to the aforesaid center line at such
distance therefrom as shown on the Zoning Map.
C. In the absence of a specified distance being indicated on the Zoning
Map, the distance shall be determined by using the map scale.
Following the effective date of this chapter:
A. No building shall be erected, altered, constructed, reconstructed,
enlarged, changed or otherwise utilized contrary to, in violation
of or otherwise inconsistent with any federal, state, county, town
or other authority’s rule, regulation, custom, law or practice.
It is the intention of this provision to have any such federal, state,
county, town or other authorities supersede this Code to the extent
that such rule, regulation, custom, law or practice is more protective
of the health, safety and welfare of all residents in the Village
of Airmont.
[Amended 2-5-2024 by L.L. No. 2-2024]
B. No yard, setback or open space required in connection with any building
or use shall be considered as providing a required yard, setback or
open space for any other building or use on the same or any other
lot.
C. No lot shall be formed from part of a lot already occupied by a building
or use unless such building or use, all yards, setbacks and open spaces
connected therewith and the remaining lot comply with all requirements
prescribed by this chapter for the district in which said lot is located.
D. Any use not specifically permitted by this chapter shall be deemed to be prohibited. The list of prohibited uses contained in Article
III, §
210-13, of this chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and are thus prohibited. Uses identified as special permit uses shall be deemed prohibited unless a valid special permit shall be issued by the Planning Board, as per the specific special permit requirements outlined in Article
XII.
E. Preexisting uses identified as special permit uses in this chapter,
for which there exists, on the effective date of this chapter or amendment
thereof, a valid certificate of occupancy, shall be deemed conforming
unless such uses are noncomplying as to the bulk or supplemental regulations
of this chapter.
F. No building permit or certificate of occupancy or certificate of
use shall be granted for any use unless the Building Inspector shall
find that the use shall conform to the standards set forth in this
chapter.
G. No land or buildings shall be used in any manner so as to create any hazard to the public health, safety, welfare, peace or comfort or to hinder the most appropriate use of land in the vicinity in that all such uses shall conform to the performance standards prescribed in Article
X, §
210-86, for the control of noise; vibration; smoke, dust and other atmospheric pollutants; odor; radiation and electromagnetic interference; fire, explosive hazard and heat; liquid or solid wastes; and vehicular traffic emissions induced therefrom.
H. If a lot shall be in two or more zoning districts, the more restrictive
use and bulk requirements shall apply. The Village Building Inspector
shall make all such determinations regarding the district deemed more
restrictive. The Village Building Inspector may seek an opinion from
the Village Zoning Attorney, Village Engineer and Village Planner.
I. Nothing contained in this section or this chapter shall supersede
or excuse compliance with the New York State Uniform Fire Prevention
and Building Code or successor standards adopted by New York State.
J. Any time frame set forth in this chapter pertaining to the review
and/or processing of any application before any Village board or official
may be reasonably extended by either the applicant or the applicable
Village board or official in the event of religious observance, or
public health or weather emergency. Any such time frames may be extended
in any event by mutual agreement of the applicant and the applicable
Village board or official. Notwithstanding the foregoing, no such
extensions shall be permitted where said time frame is otherwise mandated
or superseded by any other applicable law, including, but not limited
to, New York State Village Law.
[Added 2-5-2024 by L.L. No. 2-2024]