The general requirements affecting the use of buildings, structures and land for each of the districts established by Article
II are hereby established and set forth in this article.
The following sections specify all uses permitted by right as
well as all special permit uses and accessory uses.
Any use not identified as a permitted use, special permit use
or accessory use shall be deemed prohibited. Any use indicated as
special permit use shall be deemed prohibited unless approved in a
manner specified by this chapter. Where special permit uses are identified
by generic word or description, the Planning Board shall determine
whether a specific use shall be construed to be part of such generic
class. In making such determination, the Planning Board shall consider
to what extent the proposed use is like, in land use impacts, the
class of use indicated in the list.
[Amended 3-15-2021 by Department of Justice Enforcement Ruling; 2-5-2024 by L.L. No. 2-2024]
A. Legislative intent. In order to promote individual constitutional
rights to freedom of assembly and the Village of Airmont's interest
in protecting the health, safety, and welfare of its citizens, the
Village Board has determined that the current Zoning Code should be
amended to establish residential places of assembly as an as-of-right
use accessory to a one-family detached residence in any residential
district in the Village of Airmont.
B. Regulations.
(1)
The establishment of a residential place of assembly shall be subject to the requirements of Article
IX, Site Development Plan Review, and Chapter
164, Site Development Plan Regulations, of the Village Code.
(2)
Issues regarding lighting, signage and design shall be reviewed by the Architectural Review Committee pursuant to §
5-10, Article
VIII, Signs, §
164-9, Lighting systems, and §
210-87C, Outdoor lighting standards, of the Village Code, in order to ensure that all structures shall be compatible with the character of the surrounding neighborhood.
(3)
The establishment of a residential place of assembly as an accessory
use to a one-family detached residence is permitted, provided it is
located in a conforming structure on a conforming lot containing a
one-family detached residence or part of a new one-family detached
residence and is no greater than 1,400 square feet or 30% of the gross
floor area of the residence, whichever is less.
(4)
No more than 49 occupants are permitted in the residential place
of assembly. This is the maximum occupancy permitted for residential
occupancy (Group R) under the New York State Uniform Fire Prevention
and Building Code, as may be amended from time to time. Occupancy
beyond these standards would require construction in accordance with
standards for assembly occupancy (Group A). All applications for residential
place of assembly must meet the standard of 15 square feet per person
as set forth in Table 1004.5 of said New York State Code, which is
applicable to unconcentrated assembly without fixed seats.
(5)
In addition to off-street parking required for the residence,
additional off-street parking for any residential place of assembly
shall be provided at the rate of one parking space per 200 square
feet of floor area or one per three seats' capacity, whichever
is greater.
(6)
Any single-family residence containing a residential place of
assembly shall comply with the area requirements applicable to a single-family
residence in the district in which such building or structure is situated.
Where an existing residential structure is considered noncomplying
to bulk requirements, the use (without enlargement) of a portion of
the existing residential structure for a residential place of assembly
shall not be deemed to increase the degree of nonconformance nor to
create any new non-conformance, provided that where the residential
place of assembly is located on a lot noncomplying with the minimum
lot area, the maximum size of the residential place of assembly shall
be reduced by the same at the same proportion as the lot area noncompliance.
By means of example, if a lot of 10,000 square feet is located in
a district requiring a 30,000 square feet minimum lot size, the maximum
size of the Residential Place of Worship cannot exceed 1/3 of 1,400
square feet.
(7)
Hours of operation. No regularly scheduled assembly shall take
place between the hours of 12:00 midnight and 6:00 a.m. For the purpose
of this provision, regularly scheduled shall mean occurring in greater
frequency than three times per calendar year.
C. Application.
(1)
An application for a residential place of assembly as defined by this Code shall be submitted for site plan approval. If the application is complete, the application shall be referred to the CDRC and the Planning Board for review and approval in accordance with Article
IX, Site Development Plan Review.
(2)
Such application shall include submission of interior floor
plans for the residential place of assembly.
[Amended 2-5-2024 by L.L. No. 2-2024]
A. Legislative intent. The Board of Trustees of the Village of Airmont
finds and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the protection
of the health, safety and welfare of its citizens, the Village Board
has established residential places of worship as a use permitted as-of-right
as an accessory to a one-family detached residence in any residential
zoning district in the Village of Airmont, subject to the requirements
of this section. Residential places of worship are not intended to
permit commercial uses or schools of public, special or religious
instruction. The Board of Trustees further finds that the presence
of pedestrians walking to and from religious services at a residential
place of worship shall not in and of itself constitute a change in
the residential character of the neighborhood.
B. Regulations.
(1)
Submission requirements. The establishment of a residential place of worship shall be subject to the requirements of Article
IX, Site Development Plan Review, and Chapter
164, Site Development Plan Regulations, of the Village Code, except that the following requirements in Chapter
164 are modified with respect to applications for residential places of worship as follows:
(a)
The requirement in §
164-7B(1)(h) that the site plan must show the approximate location of existing structures on adjacent properties within 500 feet of the perimeter of the site is modified to require that the plan show the approximate location of existing structures on adjacent properties within 100 feet of the perimeter of the site.
(b)
The requirement in §
164-7B(1)(s) that the site plan show types of materials proposed to be used on the site shall not be interpreted to require information that is not required for a building permit application.
(c)
The requirement in §
164-7B(2) of a grading, drainage, and utilities plan sheet shall apply only if the application will involve changes to grading, drainage, and/or utilities.
(d)
Sections
164-8 and
164-9 relating to landscaping and lighting systems shall not apply. The requirement in §
164-7B(3) of a landscaping and lighting plan sheet shall not apply. Instead, the site plan shall show how the application complies with applicable §
210-87C, Outdoor lighting standards, of the Village Code.
(e)
The requirement in §
164-7B(4) of profile and detail plan sheets for roads, driveways, and utilities shall not apply unless such information is necessary to obtain a building permit.
(f)
The parking and loading requirements in §
164-10 shall not apply. Only the parking requirements in §
210-12.2B(10) shall apply.
(2)
Signage and structural design. All applicable requirements of §
5-10 (Architectural Review Committee - Procedure) of the Village Code, and Article
VIII (Signs), of this chapter, shall apply, except as otherwise excepted below in Subsection
C.
(3)
Use. The establishment of a residential place of worship as
an accessory use to a one-family detached residence is permitted,
provided it is located in a conforming structure on a conforming lot.
Any single-family detached residence containing a residential place
of worship shall comply with the bulk requirements applicable to a
single-family detached residence in the district in which such building
or structure is situated. Where an existing residential structure
is considered noncomplying to bulk requirements, the use (without
enlargement) of a portion of the existing residential structure for
a residential place of worship shall not be deemed to increase the
degree of nonconformance nor to create any new non-conformance, provided
that the size of such residential place of worship does not exceed
the standards set forth in § 210-12.2.2B(5).
(4)
Accessory uses to a residential place of worship.
(a)
No space within a residential place of worship may be rented
out for purposes not reasonably related to the practice of religion
or for any purposes that would pose a clear and unambiguous risk to
the health, safety and general welfare of the community.
(b)
Outdoor areas of the property may be used for any purpose consistent with the residential zoning of the site. Temporary trailers for religious purposes shall be permitted subject to §
210-26.
(c)
Kitchens shall be permitted as part of the area devoted to the
residential place of worship for purposes reasonably related to the
practice of religion and not for commercial purposes or to support
the use of the residence as a catering facility. Requirements for
installing commercial kitchen equipment, such as a ventilated hood
with a fire suppression system, shall meet all requirements of the
State Uniform Fire Code and all other applicable state laws.
(d)
Social rooms and/or baths reasonably related to the practice
of religion may be provided as part of the area devoted to the residential
place of worship so long as such facilities and functions shall be
subordinate in the aggregate to the size and function of the residential
place of worship.
(e)
Classrooms for religious instruction may be provided as part
of the area devoted to the residential place of worship, but full-time
public or private elementary, secondary, or post-secondary schools
shall be deemed as separate uses from a residential place of worship
and are not a permitted accessory use.
(f)
Accessory uses such as catering facilities, large social halls,
gymnasiums and/or indoor recreation facilities are not permitted in
a residential place of worship but may be provided in freestanding
places of worship.
(5)
Size and occupancy limits.
(a)
The portion of the residence dedicated to a residential place
of worship shall not exceed 49% of the gross floor area of the residence.
The occupancy of a residential place of worship shall be in accordance
with the maximum occupancy permitted for residential occupancy (Group
R) under the New York State Uniform Fire Prevention and Building Code
and Table 1004.5 of said New York State Code, which shall not exceed
the lesser of: (i) 49 persons; or (ii) 15 square feet per person in
that portion of the structure utilized as a residential place of worship.
Occupancy beyond these standards would require construction in accordance
with standards for assembly occupancy (Group A). The standard of 15
square feet per person is set forth in Table 1004.5 of said New York
State Code, which is applicable to unconcentrated assembly without
fixed seats. Once the occupancy of a residential place of worship
exceeds 49 people or the size exceeds 49% of the gross floor area
of the residence, the principal use would be categorized as a freestanding
place of worship, and all required approvals for such use must be
obtained.
(b)
The calculation of 49% of floor area for residential places
of worship shall be limited to spaces that are actively used for worship
or dedicated to use by worshipers when attending services. This calculation
excludes areas ordinarily used by residents of the home and their
guests and not used for worship services or by worship service attendees,
such as bathrooms, hallways, closets, studies, and offices that are
separated from worship spaces.
(6)
Dimensional requirements and visual screening.
(a)
The site plan or building permit application shall demonstrate compliance with all applicable laws, statutes, rules and/or regulations, including, but not limited to the bulk regulations applicable to the underlying zoning district for a one-family detached residence, subject to the applicable provisions of Article
XIII of this chapter (Nonconforming Uses, Buildings or Lots). The Planning Board shall waive the minimum side yard and rear yard and maximum development coverage of the underlying zoning district to accommodate off-street parking required by this section to the extent that the applicant can demonstrate compliance with the requirements of §
210-12.2B(7).
(b)
Parking areas must be screened from adjacent residences by landscaping,
fencing, or a combination of both and shown on the site plan.
(c)
Setbacks for parking spaces and drives shall be a minimum of
eight feet from all property lines to allow for required landscaping
and fencing to screen views of parked cars.
(7)
The site plan or building permit shall comply with Article
XIV (Stormwater Control) of this chapter to prevent impacts from increased stormwater runoff. All properties less than one acre that require a development coverage waiver under §
210-12.2B(6)(a) shall provide on-site stormwater management for the additional development coverage granted by the Planning Board.
(8)
All required fire safety features at any house of worship, such
as panic door hardware, exit lighting, emergency lighting, pull fire
alarms, and/or automatic sprinkler systems, shall be governed by New
York State Building and Fire Codes, and/or Rockland County Department
of Health regulations.
(9)
Hours of operation. No regularly scheduled assembly shall take
place between the hours of 12:00 midnight and 6:00 a.m. For the purpose
of this provision, regularly scheduled shall mean occurring in greater
frequency than 12 times per calendar year.
(10)
Parking. All applicable requirements of Article
VII, Parking and Loading shall apply, including §
210-47. Parking shall be required as follows:
(a)
In addition to the parking required for the residence to which
the residential place of worship is accessory, one parking space for
every 60 square feet of sanctuary/assembly space, but no fewer than
10 parking spaces. Hallways, bathrooms, social rooms, classrooms,
storage, and/or mikvah/bath space shall not be counted towards the
parking requirements except where such ancillary uses are occupied
at the same time as the sanctuary/assembly space.
(b)
Parking must meet §
210-48, Location and size of parking spaces and §
210-55, Additional requirements.
(11)
The plan shall demonstrate compliance with all applicable laws, statutes, rules and/or regulations, including, but not limited to, the New York State Building and Fire Codes, and the bulk regulations applicable to the underlying zoning district, subject to the applicable provisions of Article
XIII of this chapter (Nonconforming Uses, Buildings or Lots).
C. Application process.
(1)
Any residential place of worship that does not involve a parking
area for more than 10 vehicles, or a cumulative expansion of existing
structures of more than 200 square feet of floor area over a five-year
period shall not require site plan approval from the Planning Board
and shall obtain a building permit from the Building Inspector. The
procedure for review and granting of any necessary waivers shall be
through the building permit application process.
(a)
Any such building permit application shall be clearly labeled
to inform the Building Inspector that the proposed use is for a residential
place of worship and shall receive priority over non-religious applications.
(b)
Any such building permit application shall not be subject to
ARC review. However, only a single, externally illuminated building
mounted sign of less than 10 square feet shall be permitted.
(c)
The building permit application must meet all zoning requirements and not require a variance from the Zoning Board of Appeals or a waiver under §
210-12.2B(6)(a). If one of these conditions exist, the applicant will undertake the application process outlined under §
210-12.2C(2).
(d)
A six-foot high opaque fence and a single row of the following
plants (native to New York only) planted no more than four feet on
center shall be installed between any parking area or access driveway
and adjacent residence to comply with the screening requirements of
this chapter:
[2] Arborvitae (green giant only).
(e)
In order for the Building Inspector to determine that the proposed
residential place of worship is in compliance with the applicable
provisions of the Zoning Code, any building permit application for
a residential place of worship shall include a narrative summary providing
the anticipated number of members, square footage of the residential
and worship spaces, days and hours of services, and number of parking
spaces provided. In addition, such application shall include submission
of interior floors plans for the residential place of worship.
(f)
In the event that the building permit application is incomplete,
the building inspector shall advise the applicant of outstanding materials
and/or documentation within 14 days of receipt of the application.
(g)
The Building Inspector shall issue a decision within 31 days
of receipt of a complete building permit application for a residential
place of worship.
(h)
This subsection shall not apply to non-religious residential
places of assembly, which shall be subject to the provisions of this
section, including applicable site plan review procedures.
(i)
Notwithstanding any other provision herein, in the event that
the proposed internal alterations require any area variances, the
applicant shall be referred by the Building Inspector to the Zoning
Board of Appeals for same. The time periods prescribed herein will
be tolled from the date of referral to the Zoning Board of Appeals
to the filing of the decision of the Zoning Board of Appeals with
the Village Clerk. Failure of the Zoning Board of Appeals to file
its decision with the Village Clerk within 60 days of receipt of a
complete variance application shall be deemed to be an approval of
the application.
(2)
Any proposed residential place of worship as defined by this Code that involves a parking area for more than 10 vehicles or a cumulative expansion of existing structures of more than 200 square feet of floor area over a five-year period shall submit an application to the Planning Board for Site Plan approval in accordance with all applicable requirements of Article
IX, Site Development Plan Review and Chapter
164, Site Development Plan Regulations, of the Village Code. Requirements of Chapter
164 that do not apply to residential places of worship are listed in §
210-12.2B(1). The following review procedures apply:
(a)
Upon submission of an application to the Planning Board for
a residential place of worship, the Planning and/or Building Department
shall be provided a forty-five-day review period to determine whether
the site plan application is complete and ready for consideration.
In the event that the Planning and/or Building Department determines
that the application is incomplete, within 10 days of the completion
of the forty-five-day review period, the Planning and/or Building
Department shall provide the applicant with a comprehensive written
list of any missing or incomplete information or documentation.
[1] The initial application must state whether the applicant will be requesting, pursuant to §
210-74A(2), that the Planning Board vary or waive any applicable site plan review provisions or information. The Planning Board shall consider any such request at the first meeting at which the application is heard.
[2] In order to streamline the application review process,
in lieu of the forty-five-day review period set forth herein, an applicant
for an accessory residential place of worship may elect at the applicant's
discretion, but is not required, to appear before the CDRC for technical
review of the application. The applicant may withdraw voluntary submission
to the CDRC at any time prior to the CDRC deeming the application
complete and ready for consideration by the Planning Board and may
elect to proceed solely before the Planning Board. Receipt by the
Village of such withdrawal in writing shall trigger the forty-five-day
review period set forth herein.
[3] The application shall be referred to the Rockland
County Planning Department upon receipt pursuant to NYS General Municipal
Law § 239-m.
(b)
Upon a determination by either the Planning Board or the CDRC
that the application is complete and ready for consideration by the
Planning Board, the application shall be placed on the next available
Planning Board agenda.
[1] An application for a residential place of worship
shall not be subject to the notice and public hearing requirements
otherwise required for site plan review. The Planning Board may, at
its discretion, accept and consider public comment on the application.
[2] The Planning Board shall approve the application,
approve it with modifications or deny the application within 62 days
of the first meeting at which the application is heard, except that
if the application involves an action subject to SEQRA review (Type
I or Unlisted Action), the 62 days period will begin to run upon the
completion of SEQRA review or the first meeting, whichever is later.
The time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Board.
If the Board does not take action at the expiration of the sixty-two-day
period or the time agreed upon by mutual consent, the applicant may
submit written notice to the Clerk of the Planning Board that the
sixty-two-day period has expired and that further inaction by the
Board shall result in a denial by default. At the first meeting held
at least 14 days after the Board receives such written notice, the
application will be deemed denied, unless the Board approves the completed
application, approves it with modifications, or the parties mutually
consent to a new date by which the Planning Board must render its
decision. If no regularly or specially scheduled meeting is held within
30 days after the Board receives such written notice that the sixty-two-day
period has expired, the application shall be deemed denied.
[3] In reviewing such applications, the Planning Board
shall be permitted to impose conditions as authorized under New York
State Village Law § 7-725-a, provided that such conditions
shall not be inconsistent with laws applicable to religious uses.
[Amended 2-5-2024 by L.L. No. 2-2024]
A. Legislative intent. The Board of Trustees of the Village of Airmont
finds and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the protection
of the health, safety and welfare of its citizens, the Village Board
has established freestanding places of worship as uses permitted as-of-right
or by special permit in any residential district in the Village of
Airmont, subject to the requirements of this section of the Zoning
Code to allow for larger freestanding buildings that are not an accessory
to a one-family detached residence. Freestanding places of worship
are not intended to permit commercial uses or schools of public, special
or religious instruction. It is further the intent of this section
that the presence of pedestrians walking to and from religious services
at a freestanding place of worship shall not in and of itself constitute
a change in the residential character of the neighborhood.
B. Regulations.
(1)
Submission requirements.
(a)
The establishment of a freestanding place of worship shall be subject to the requirements of Article
IX, Site Development Plan Review in all zoning districts.
(b)
Freestanding places of worship to be located in a structure
of less than 10,000 square feet of gross floor area in all residential
zoning districts are permitted as-of-right.
(c)
Freestanding places of worship be located in a structure of equal to or over 10,000 square feet of gross floor area in all residential zoning districts shall be subject to the requirements of Articles
XI, Special Use Permit Approval, and §
210-97, Special permit use standards general conditions.
(d)
Freestanding places of worship in all nonresidential zoning districts shall be subject to the requirements of Article
XI, Special Use Permit Approval, and §
210-97, Special permit use standards general conditions.
(2)
The establishment of a freestanding place of worship shall be subject to the requirements of Chapter
164, Site Development Plan Regulations, of the Village Code except that the following requirements in Chapter
164 are modified with respect to applications for freestanding places of worship as follows:
(a)
The requirement in §
164-7B(1)(h) that the site plan must show the approximate location of existing structures on adjacent properties within 500 feet of the perimeter of the site is modified to require that the plan show the approximate location of existing structures on adjacent properties within 100 feet of the perimeter of the site unless the proposed freestanding place of worship requires a special permit.
(b)
The requirement in §
164-7B(1)(s) that the site plan disclose types of materials proposed to be used on the site shall not be interpreted to require information that is not required for a building permit application or Architectural Review Committee application unless the proposed freestanding place of worship requires a special permit.
(c)
The requirement in §
164-7B(2) of a grading, drainage, and utilities plan sheet shall apply only if the application will involve changes to grading, drainage, and/or utilities.
(d)
Sections
164-8 and
164-9 relating to landscaping and lighting systems shall not apply. The requirement in §
164-7B(3) of a landscaping and lighting plan sheet shall not apply. Instead, the site plan shall show how the application complies with applicable §
210-87C, Outdoor lighting standards, of the Village Code.
[1] A landscaping plan and lighting plan are required
for all proposed freestanding places of worship that require a special
permit. The Planning Board shall review and provide comment on such
plans.
(e)
The requirement in §
164-7B(4) of profile and detail plan sheets for roads, driveways, and utilities shall not apply unless such information is necessary to obtain a building permit.
(f)
The parking and loading requirements in §
164-10 shall not apply except as follows:
[1] The proposed freestanding place of worship requires
a special permit.
[2] Use of the site as a catering facility is proposed.
(3)
Signage and design. All applicable requirements of §
5-10 of the Village Code, and Article
VIII (Signs) of this chapter shall apply.
(4)
Use. The establishment of a freestanding place of worship less
than 10,000 square feet as a principal use is permitted as-of-right,
provided it is located on a conforming lot. Any freestanding place
of worship shall comply with the area requirements applicable to a
single-family residence in the district in which such building or
structure is situated. Freestanding places of worship equal to or
larger than 10,000 square feet require a special permit from the Planning
Board. An existing residential place of worship may convert to a freestanding
place of worship.
(5)
Accessory uses to a freestanding place of worship.
(a)
A residence may be an accessory to a freestanding place of worship and shall be subordinate in the aggregate to the size and function of the freestanding place of worship. Parking shall be provided for the accessory residence in accordance with §
210-56A(13).
(b)
Outdoor areas of the property may be used for purposes reasonably related to the practice of religion and that do not pose a clear and unambiguous risk to the health, safety and general welfare of the community. Temporary structures for religious purposes shall be permitted subject to §
210-26.
(c)
Commercial kitchens shall be permitted. Requirements for installing
commercial kitchen equipment, such as a ventilated hood with a fire
suppression system, shall meet all requirements of the State Uniform
Fire Code and all other applicable Rockland County and State laws.
(d)
Baths reasonably related to the practice of religion may be
provided.
(e)
Classrooms for religious instruction may be provided, but full-time
public or private elementary, secondary, or post-secondary schools
shall be deemed as separate use from a freestanding place of worship
and are not a permitted accessory use.
(f)
Accessory uses of catering facilities/social halls are permitted subject to the standards set forth in §
210-117.
(g)
Accessory uses of gymnasiums and/or indoor recreation facilities
are permitted.
(6)
Bulk regulations and occupancy limits.
(a)
Residential zoning districts.
[1] The minimum lot size shall be the same as the minimum
lot size for a one-family detached residence in that district.
[2] The maximum size of a freestanding place of worship
is controlled by floor area ratio (FAR) of the zoning district in
which the lot is located.
(b)
Nonresidential zoning districts. Freestanding places of worship
in nonresidential districts shall be subject to the bulk requirements
found in Tables 6-11 of this chapter.
(7)
Dimensional exemptions, waivers, and visual screening for freestanding
house of worships in residential zoning districts.
(a)
The Planning Board shall waive the side yard and rear yard and development coverage of the underlying zoning district to accommodate the parking required by this section to the extent that the applicant can demonstrate compliance with the requirements of §
210-12.3B(7)(b).
(b)
The plan shall comply with Article
XIV (Stormwater Control) of this chapter to prevent impacts from increased stormwater runoff. All properties less than one acre that require a development coverage waiver under § 210-12.2B(7)(a) shall provide on-site stormwater management for the additional development coverage granted by the Planning Board.
(c)
Parking areas must be screened by landscaping, fencing, or a
combination of both and shown on the site plan. Lots larger than one
acre shall require parking spaces and drives to be set back 10 feet
from all property lines to allow for required landscaping and fencing
to screen views of parked cars. Lots of one acre of less shall provide
eight feet.
(8)
All required fire safety features at any house of worship, such
as panic door hardware, exit lighting, emergency lighting, pull fire
alarms, and/or automatic sprinkler systems, shall be governed by New
York State Building and Fire Codes, and/or Rockland County Department
of Health regulations.
(9)
Parking. Parking shall be required as follows:
(a)
One parking space for every 60 square feet of sanctuary/assembly
space, but no fewer than 10 parking spaces. Hallways, bathrooms, social
rooms, classrooms, storage, and/or mikvah/bath space shall not be
counted towards the parking requirements except where such ancillary
uses are occupied at the same time as the sanctuary/assembly space.
(b)
Parking must meet §
210-48, Location and size of parking spaces and §
210-55, Additional requirements.
(c)
The reservation of parking areas for future parking lot development
may be provided in lieu of the construction of parking spaces. These
areas need to be delineated on the site plan and shall not be used
or otherwise encroached upon by any permanent structures.
(d)
Parking for catering facilities or social halls shall be in accordance with §
210-117.
(e)
For a freestanding place of worship proposing an accessory use
of catering facilities/social halls, attendance at any services, wedding
receptions or other social or religious functions held at the freestanding
place of worship shall be limited to the capacity of the freestanding
place of worship as determined by the applicable building codes of
New York State, as well as the available on-site parking, unless a
parking management plan (PMP) is provided. Such events demanding parking
in excess of the on-site parking provided shall require a PMP to be
submitted for approval by the Planning Board as part of the site plan
application establishing a freestanding place of worship, pursuant
to the requirements set forth below. The PMP shall be used to address
parking demand during the maximum projected attendance at the maximum
building capacity, for holy days or other large, planned events for
the particular place of worship making the application. Such PMP shall
be provided to the Airmont Police Department, the applicable Fire
Department and the office of the Airmont Village Clerk. If a PMP is
required, the applicant shall address the following:
[1] Designated off-site parking areas. The applicant
shall submit a fully executed written agreement between the applicant
and one or more providers of a location for off-site parking;
[2] The applicant shall indicate implementation of
group travel to and from the off-site parking locations by the use
of shuttle vehicles;
[3] The applicant shall use traffic control measures
such as the hiring of an off-duty police officer and/or volunteers
to facilitate pedestrian flow, as well as on-site and off-site traffic;
[4] The applicant shall provide a notification process
to notify patrons of the community place of worship and others regarding
the locations of off-site parking areas to be used; and
[5] In the event that off-site parking areas are not
available to accommodate the full capacity of the community place
of worship, methods to limit the number of event attendees to the
number of attendees that can be accommodated in the on-site parking
area or at any available off-site locations by utilization of a pre-event
registration system and distribution of tickets to registered persons
that will be submitted upon arrival at the site on the day of the
event.
[6] Existing freestanding places of worship in existence
prior to the adoption of this section shall submit a PMP for large
events to the Planning Board within one year of adoption.
(f)
Parking must meet §
210-48, Location and size of parking spaces and §
210-55, Additional requirements.
(10)
The site plan shall demonstrate compliance with all applicable laws, statutes, rules and/or regulations, including, but not limited to, the New York State Building and Fire Codes, and the bulk regulations applicable to the underlying zoning district, subject to the applicable provisions of Article
XIII of this chapter (Nonconforming Uses, Buildings or Lots).
(11)
Hours of operation. No regularly scheduled assembly shall take
place between the hours of 12:00 midnight and 6:00 a.m. For the purpose
of this provision, regularly scheduled shall mean occurring in greater
frequency than 12 times per calendar year.
(12)
Freestanding places of worship less than 10,000 square feet: freestanding places of worship, as defined by this Code, that will be located in a residential zoning district and are less than 10,000 square feet shall submit an application to the Clerk to the Planning Board for site plan approval in accordance with Article
IX, Site Development Plan Review. Such applicants may elect at the applicant's discretion but are not required to appear before the Community Design Review Committee (CDRC) for technical review of the application.
Freestanding places of worship equal or greater than 10,000 square feet: freestanding places of worship, as defined by this Code, that will be located in a residential zoning district and are equal to or greater than 10,000 square feet or will be located in a non-residential zoning district, shall submit an application for site plan and special permit approvals in accordance with Article
IX, Site Development Plan Review and Article
XI, Special Permit Approval.
The uses which are listed in this section are specifically prohibited in the Village, subject to the qualifications set forth in Article
II, §
210-7D.
A. Manufacturing uses involving primary production of the following
products from raw materials:
(1) Asphalt, cement, charcoal and fuel briquettes.
(2) Chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose,
chlorine, carbon black and bone black, creosote, hydrogen and oxygen,
industrial alcohol, nitrates (manufactured and natural) of an explosive
nature, potash, plastic materials and synthetic resins, pyroxilin,
rayon yarn and hydrochloric, nitric, phosphoric, picric and sulfuric
acids.
(3) Coal, coke and tar products, including gas manufacturing; explosives;
fertilizers; gelatin, glue and size.
(4) Linoleum and oilcloth; matches; paints, varnishes and turpentine.
(5) Rubber (natural or synthetic); soaps, including fat rendering; starch.
B. The following processes: nitrating of cotton or other materials;
milling or processing of flour, feed or grain; magnesium foundry;
reduction, refining, smelting and alloying of metal or metal ores;
refining secondary aluminum; refining petroleum products, such as
gasoline, kerosene, naphtha, lubricating oil; distillation of wood
or bones; and reduction and processing of wood pulp and fiber, including
paper mill operations.
C. Operations involving stockyards and slaughterhouses, grain elevators,
slag piles and keeping, breeding and raising of pigs or cattle for
commercial purposes.
D. Storage of explosives, except under license from the State of New
York and in a manner and place conforming to the laws of the State
of New York and the American Table of Distances and provided that
no more than 5,000 pounds is stored in any one magazine.
E. Bulk or wholesale storage of gasoline above ground.
F. Dumps, sanitary landfills, recycling centers, resource recovery facilities
and junkyards, except those operated by the Village or operated under
contract to the Village.
G. Quarries, stone crushers, screening plants and storage of quarry
screenings.
H. Incineration of waste materials except in a plant owned and operated
by the Village.
I. Disposal of septic or sewage wastes.
J. Any other use, whether specified above or not, that is of such a
nature as to be detrimental to neighboring properties by reason of
emission of odor, dust, refuse matter, garbage, smoke, vibration,
gas, radiation, noise or any other factor that is dangerous to the
comfort, peace, enjoyment, health or safety of the area or the community.
K. Freestanding water towers and freestanding water tanks, located below,
on or above ground are not permitted, except that such a tower or
tank owned and operated by a public utility shall be allowed, as a
special permit use of the Planning Board, on plots of three acres
or more, subject to approval of the Village Board.
L. Contractors' storage yards, except in the PI District.
N. Bus storage and repair facilities.
O. Refuse or garbage truck maintenance or storage facilities.
P. Roadside mobile lunch wagons.
Q. Truck or bus body repair and painting.
Minimum 50,000 square feet per lot.
A. Uses permitted by right:
(1) The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 200 feet from any lot line:
(a)
Nurseries, greenhouses and other enclosed structures for growth
and production of plants.
(b)
Open field agriculture, including orchards, truck gardening,
vineyards and other field crops.
(2) One-family detached residences, with not more than one principal
residential building on a lot.
(3) Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
(4) Residential
place of worship.
(5) Residential
place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6) Freestanding
place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
B. Special permit uses by Planning Board, subject to Articles
XI and
XII:
(1) Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2) Reservoirs and standpipes on lots of three acres or more.
(3) Outdoor recreation facilities, including golf courses, tennis courts, ice-skating rinks, swimming pools, parks, playfields and ski areas, subject to Article
XII, §
210-101, but excluding miniature golf courses, batting cages, driving ranges and tennis ranges.
(4) Accessory to outdoor recreation facilities, uses such as restrooms,
locker rooms, shelters and clubhouses for membership clubs.
(5) Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(8) One-family detached residences subject to § 7-738 of the Village Law pursuant to Article
IV, §
210-30, Average density.
(9) Accessory home professional offices.
(10)
Libraries, museums and art galleries.
(11)
Family and group care facility (non-Padavan).
(12)
Keeping, breeding, and raising of cattle, including dairies,
sheep, goats and horses on lots of 20 acres or more, but not within
100 feet of any lot line.
(a)
None of the foregoing shall be construed to permit the commercial
raising of pigs or agricultural industries, such as cage-type poultry
operations or processing of animal products not raised on premises.
(13)
Accessory home occupations.
(14)
Schools of general or religious instruction and buildings for
religious instruction without accessory housing, other than a guard's
or caretaker's dwelling.
(15)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(16)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(17)
Nursing homes and convalescent facilities licensed by the State
of New York.
(18)
Stables and riding academies subject to Article
XII, §
210-99.
(19)
Volunteer ambulance service facilities.
(20)
Educational institutions with accessory housing subject to §
210-119 herein.
(21)
Freestanding place of worship equal to or greater than 10,000
square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(22)
Cemeteries on lots adjacent to an established cemetery
or place of worship.
C. Accessory uses permitted by right:
(1) Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(2) Accessory to a one-family residence, storage of not more than one unoccupied trailer, recreational vehicle, boat trailer or boat not exceeding 35 feet in length, subject to Article
VII, §
210-53.
(3) Keeping domestic animals as follows: not more than a total of five
cats or dogs over one-year old, not more than two horses over six
months old, not more than 10 fowl, not more than two of any other
species of domestic animals; excluding, however, all pigs and cattle.
Domestic animals, except for cats and dogs, shall be maintained in
an enclosure or fenced area not less than 75 feet from any plot line.
(6) Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7) For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article
VIII herein.
(8) For any structure for sale or rent, one temporary nonilluminated "for sale" or "for rent" sign in accordance with Article
VIII herein.
(9) Accessory to any permitted nonresidential establishment, identification signs in accordance with Article
VIII herein.
D. Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed special permit use approval.
Minimum 40,000 square feet per lot.
A. Uses permitted by right:
(1) The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(a)
Nurseries, greenhouses and other enclosed structures for growth
and production of plants.
(b)
Open field agriculture, including orchards, truck gardening,
vineyards and other field crops.
(2) One-family detached residences, with not more than one principal
residential building on a lot.
(3) Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
(4) Residential
place of worship.
(5) Residential
place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6) Freestanding
place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
B. Special permit uses by Planning Board, subject to Articles
XI and
XII:
(1) Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2) Reservoirs and standpipes on lots of three acres or more.
(3) Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(5) One-family detached residences subject to § 7-738 of the Village Law pursuant to Article
IV, §
210-30, Average density.
(6) Accessory home professional offices.
(7) Libraries, museums and art galleries.
(8) Family and group care facility (non-Padavan).
(9) Accessory home occupations.
(10)
Camps legally existing under the Town of Ramapo Zoning Code as of January 1, 1993, pursuant to §
210-101.
(11)
Schools of general or religious instruction and buildings for
religious instruction without accessory housing, other than a guard's
or caretaker's dwelling.
(12)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(13)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(14)
Nursing homes and convalescent facilities licensed by the State
of New York.
(15)
Stables and riding academies subject to Article
XII, §
210-99.
(16)
Volunteer ambulance service facilities.
(17)
Educational institutions with accessory housing subject to §
210-119 herein.
(18)
Freestanding place of worship equal to or greater than 10,000
square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(19)
Cemeteries on lots adjacent to an established cemetery
or place of worship.
C. Accessory uses permitted by right:
(1) Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(2) Accessory to a one-family residence, storage of not more than one unoccupied trailer, recreational vehicle, boat trailer or boat not exceeding 35 feet in length, subject to Article
VII, §
210-53.
(3) Keeping domestic animals as follows: not more than a total of five
cats or dogs over one-year old, not more than two horses over six
months old, not more than 10 fowl, not more than two of any other
species of domestic animals; excluding, however, all pigs and cattle.
Domestic animals, except for cats and dogs, shall be maintained in
an enclosure or fenced area not less than 75 feet from any plot line.
(6) Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7) For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article
VIII herein.
(8) For any structure for sale or rent, one temporary nonilluminated "for sale" or "for rent" sign in accordance with Article
VIII herein.
(9) Accessory to any permitted nonresidential establishment, identification signs in accordance with Article
VIII herein.
D. Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special use permit approval.
Minimum 35,000 square feet per lot.
A. Uses permitted by right:
(1) The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(a)
Nurseries, greenhouses and other enclosed structures for growth
and production of plants.
(b)
Open field agriculture, including orchards, truck gardening,
vineyards and other field crops.
(2) One-family detached residences, with not more than one principal
residential building on a lot.
(3) Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
(4) Residential
place of worship.
(5) Residential
place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6) Freestanding
place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
B. Special permit uses by Planning Board, subject to Articles
XI and
XII:
(1) Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2) Reservoirs and standpipes on lots of three acres or more.
(3) Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(5) One-family detached residences subject to § 7-738 of the Village Law pursuant to Article
IV, §
210-30, Average density.
(6) Accessory home professional offices.
(7) Libraries, museums and art galleries.
(8) Family and group care facility (non-Padavan).
(9) Accessory home occupations.
(10)
Camps legally existing under the Town of Ramapo Zoning Code as of January 1, 1993, pursuant to §
210-101.
(11)
Schools of general or religious instruction and buildings for
religious instruction without accessory housing, other than a guard's
or caretaker's dwelling.
(12)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(13)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(14)
Nursing homes and convalescent facilities licensed by the State
of New York.
(15)
Stables and riding academies subject to Article
XII, §
210-99.
(16)
Volunteer ambulance service facilities.
(17)
Educational institutions with accessory housing subject to §
210-119 herein.
(18)
Freestanding place of worship equal to or greater than 10,000
square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(19)
Cemeteries on lots adjacent to an established cemetery
or place of worship.
C. Accessory uses permitted by right:
(1) Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(2) Accessory to a one-family residence, storage of not more than one unoccupied trailer, recreational vehicle, boat trailer or boat not exceeding 35 feet in length, subject to Article
VII, §
210-53.
(3) Keeping domestic animals as follows: not more than a total of five
cats or dogs over one-year old, not more than two horses over six
months old, not more than 10 fowl, not more than two of any other
species of domestic animals; excluding, however, all pigs and cattle.
Domestic animals, except for cats and dogs, shall be maintained in
an enclosure or fenced area not less than 75 feet from any plot line.
(6) Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7) For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article
VIII herein.
(8) For any structure for sale or rent, one temporary nonilluminated "for sale" or "for rent" sign in accordance with Article
VIII herein.
(9) Accessory to any permitted nonresidential establishment, identification signs in accordance with Article
VIII herein.
D. Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special use permit approval.
Minimum 25,000 square feet per lot.
A. Uses permitted by right:
(1) The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(a)
Nurseries, greenhouses and other enclosed structures for growth
and production of plants.
(b)
Open field agriculture, including orchards, truck gardening,
vineyards and other field crops.
(2) One-family detached residences, with not more than one principal
residential building on a lot.
(3) Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
(4) Residential
place of worship.
(5) Residential
place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6) Freestanding
place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
B. Special permit uses by Planning Board, subject to Articles
XI and
XII:
(1) Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2) Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(4) One-family detached residences subject to § 7-738 of the Village Law pursuant to Article
IV, §
210-30, Average density.
(5) Accessory home professional offices.
(6) Libraries, museums and art galleries.
(7) Family and group care facility (non-Padavan).
(8) Accessory home occupations.
(9) Schools of general or religious instruction and buildings for religious
instruction without accessory housing, other than a guard's or caretaker's
dwelling.
(10)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(11)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(12)
Nursing homes and convalescent facilities licensed by the State
of New York.
(13)
Stables and riding academies subject to Article
XII, §
210-99.
(14)
Volunteer ambulance service facilities.
(15)
Educational institutions with accessory housing subject to §
210-119 herein.
(16)
Freestanding place of worship equal to or greater than 10,000
square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(17)
Cemeteries on lots adjacent to an established cemetery
or place of worship.
C. Accessory uses permitted by right:
(1) Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(2) Accessory to a one-family residence, storage of not more than one unoccupied trailer, recreational vehicle, boat trailer or boat not exceeding 35 feet in length, subject to Article
VII, §
210-53.
(3) Keeping domestic animals as follows: not more than a total of three
cats or dogs over one-year old.
(6) Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7) For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article
VIII herein.
(8) For any structure for sale or rent, one temporary nonilluminated "for sale" or "for rent" sign in accordance with Article
VIII herein.
(9) Accessory to any permitted nonresidential establishment, identification signs in accordance with Article
VIII herein.
D. Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special use permit approval.
Minimum 15,000 square feet per lot.
A. Uses permitted by right:
(1) The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(a)
Nurseries, greenhouses and other enclosed structures for growth
and production of plants.
(b)
Open field agriculture, including orchards, truck gardening,
vineyards and other field crops.
(2) One-family detached residences, with not more than one principal
residential building on a lot.
(3) Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
(4) One-family semiattached residences, with not more than one principal
residential building on a lot; such use shall be limited to vacant
land only and shall not be permitted on land which is occupied by
existing construction.
(5) Residential
place of worship.
(6) Residential
place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(7) Freestanding
place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
B. Special permit uses by Planning Board, subject to Articles
XI and
XII:
(1) Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(3) One-family detached residences subject to § 7-738 of the Village Law pursuant to Article
IV, §
210-30, Average density.
(4) Accessory home professional offices.
(5) Libraries, museums and art galleries.
(6) Family and group care facility (non-Padavan).
(7) Accessory home occupations.
(8) Schools of general or religious instruction and buildings for religious
instruction without accessory housing, other than a guard's or caretaker's
dwelling.
(9) Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(10)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(11)
Nursing homes and convalescent facilities licensed by the State
of New York.
(12)
Stables and riding academies subject to Article
XII, §
210-99.
(13)
Volunteer ambulance service facilities.
(14)
Educational institutions with accessory housing subject to §
210-119 herein.
(15)
Freestanding place of worship equal to or greater than 10,000
square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(16)
Cemeteries on lots adjacent to an established cemetery
or place of worship.
C. Accessory uses permitted by right:
(1) Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(2) Accessory to a one-family residence, storage of not more than one unoccupied trailer, recreational vehicle, boat trailer or boat not exceeding 35 feet in length, subject to Article
VII, §
210-53.
(3) Keeping domestic animals as follows: not more than a total of three
cats or dogs over one-year old.
(6) Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7) For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article
VIII herein.
(8) For any structure for sale or rent, one temporary nonilluminated "for sale" or "for rent" sign in accordance with Article
VIII herein.
(9) Accessory to any nonresidential establishment, identification signs in accordance with Article
VIII herein.
D. Additional use requirements. A buffer with a minimum dimension of
the respective required setback may be required as condition of approval
for any special permit use where such uses may adversely affect the
residential character of the neighborhood. The buffer, if required,
shall be provided between the proposed special permit use and any
lot in a residential district. Such buffer area may be reduced where
local conditions warrant and substitute measures are prescribed for
the protection of neighboring properties or where adjacent use is
similar to that proposed for special permit use approval.