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.
(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.
(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.
(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:
(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.
(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.
(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)
(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.
(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.
(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.
(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.
A.
Legislative intent. The Village Board 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 Village
of Airmont's interest in protecting the health, safety and welfare
of its citizens, the current Zoning Code should be amended to establish
educational institutions with accessory housing as a special permit
use by the Planning Board.
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.
M.
Ministorage facilities.
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:
(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.
(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.
(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.
(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.
(7)
Nursery schools.
(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.
(19)
Volunteer ambulance service facilities.
(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)
[2]Cemeteries on lots adjacent to an established cemetery
or place of worship.
[2]
Editor's Note: Former Subsection B(22) and (24), regarding
neighborhood places of worship and accessory residential places of
assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also
renumbered former Subsection B(23) as Subsection B(22).
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.
(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.
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:
(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.
(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.
(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.
(4)
Nursery schools.
(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.
(16)
Volunteer ambulance service facilities.
(18)
Freestanding place of worship equal to or greater than 10,000
square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
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.
(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.
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:
(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.
(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.
(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.
(4)
Nursery schools.
(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.
(16)
Volunteer ambulance service facilities.
(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)
[2]Cemeteries on lots adjacent to an established cemetery
or place of worship.
[2]
Editor's Note: Former Subsections B(19) and (21), regarding
neighborhood places of worship and accessory residential places of
assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also
renumbered former Subsection B(20) as Subsection B(19).
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.
(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.
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:
(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.
(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.
(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.
(3)
Nursery schools.
(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.
(14)
Volunteer ambulance service facilities.
(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)
[2]Cemeteries on lots adjacent to an established cemetery
or place of worship.
[2]
Editor's Note: Former Subsections B(17) and (19), regarding
neighborhood places of worship and accessory residential places of
assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also
renumbered former Subsection B(18) as Subsection B(17).
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.
(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.
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:
(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.
(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.
(1)
Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2)
Nursery schools.
(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.
(13)
Volunteer ambulance service facilities.
(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)
[2]Cemeteries on lots adjacent to an established cemetery
or place of worship.
[2]
Editor's Note: Former Subsections B(16) and (18), regarding
neighborhood places of worship and accessory residential places of
assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also
renumbered former Subsection B(17) as Subsection B(16).
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.
(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.
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.
A.
Purpose and applicability.
(1)
The forms of housing accommodations for older residents has increased
in terms of size, type of units, cost, accessory and support facilities
and desired amenities. All of these forms of housing have characteristics
that are, to a greater or lesser degree, different than the general
housing stock. The purpose of the RSH Zone is to provide for various
types of housing to accommodate senior citizens at various stages
of their life, starting with totally independent living retirement
or leisure communities to assisted living and nursing facilities.
(2)
The RSH Zone is intended as a floating zone to accommodate senior citizen housing as defined in Article XII herein and is to be applied only in the following areas in order to assure access to transportation, community and commercial services:
[Amended 10-16-2023 by L.L. No. 6-2023]
(a)
Parcels zoned Village Center (VC) or Neighborhood Shopping (NS)
at the time of submission of a rezoning petition to the Village Board;
(b)
Parcels zoned R-35 or RR-50, but only if all the following additional
criteria are also met at the time of submission of a rezoning petition
to the Village Board:
[1]
The parcel must have at least 200 feet of frontage on a state
or county highway; and
[2]
The parcel, or a portion of the parcel, is located within 500
feet walking distance of an existing NS, VC, or PO Zoning District
along the existing road network; and
[3]
The parcel, which may consist of one or more contiguous lots
owned by a single person or entity at the time of submission of a
rezoning petition to the Village Board, must have a lot area equal
to or greater than the minimum lot area required for the intended
use.
E.
Additional use requirements. A vegetated buffer with a minimum dimension
of the respective required setback shall be required where such uses
may adversely affect the residential character of the neighborhood.
The buffer shall be provided between the proposed 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.
[Amended 10-16-2023 by L.L. No. 6-2023]
A.
Purpose. The NS Neighborhood Shopping District is intended to accommodate
local convenience uses, to serve the surrounding neighborhood and
community. This includes uses such as grocery stores, bakeries, hardware
stores, delicatessens, restaurants, professional and business offices
serving local rather than regional purposes and specialty shops (books,
sporting goods, apparel boutiques, computers, etc.).
B.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Local convenience commercial uses, but excluding supermarkets.
(3)
Local office/business uses.
(4)
Medical and dental offices and clinics.
(5)
Self-service laundromats containing not more than 30 machines of
any type.
(6)
Specialty shops, including but not limited to books, computers, apparel
boutiques, sporting goods.
C.
(1)
Gasoline service stations, provided that there shall be no other gasoline service stations within the same contiguous zoning district and that there shall be no gasoline service station (in any other district) within 1,000 feet if measured along a state road frontage from a proposed site or 2,500 feet if measured along a county or town road frontage, subject to Article XII, § 210-100.
(2)
Automotive repair and maintenance shops which do not include the sale of gasoline or the repair of automobile bodies, and further provided that all repair and maintenance of vehicles and all accessory storage shall be within completely enclosed buildings, and further provided that such facilities shall have no access to any road classified as local on the Official Map, and subject to Article XII, § 210-116, herein.
(3)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(6)
Underground, surface or overhead utilities, including gas, electrical
and water 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.
(8)
Repairs of automobile bodies, provided that said use preexisted and
was a legal and conforming use in the Community Shopping District
(CS) on June 1, 1999, and further provided the use has not ceased
for a period in excess of 12 months.
(11)
Libraries, museums and art galleries.
(12)
Neighborhood restaurants, including take-out services.
(13)
Fast-food restaurant as part of a local convenience shopping
center.
(15)
[1]Outdoor seating accessory to a restaurant, neighborhood restaurant or fast-food restaurant subject to Article XII, § 210-115.
[1]
Editor's Note: Former Subsection C(15), regarding neighborhood
places of worship, was repealed 2-5-2024 by L.L. No. 2-2024. This local law also
renumbered former Subsection C(16) as Subsection C(16).
D.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
Accessory storage of retail goods to be delivered or sold to customers
on the premises, provided that such storage will be within fully enclosed
buildings.
(5)
Accessory processing and servicing of goods within the principal
structure, provided that such processing and servicing is clearly
incidental to permitted principal use on the site.
(6)
For any structure for sale or rent, temporarily nonilluminated "for sale" or "for rent" signs in accordance with Article VIII herein.
(7)
For any permitted or special permit use, business identification, directory signs and shopping center identification signs subject to Article VIII herein.
(8)
Drive-through in association with banks or pharmacies.
(9)
The outdoor display or sale of retail goods as regulated in § 210-20E(3) of this code.
E.
Additional use requirements.
(1)
A landscaped buffer of not less than 40 feet shall be provided between
any permitted use in this district and any lot in a residence district.
A buffer of not less than 60 feet will be provided between any special
permit use and any lot in a residence district.
(2)
Accessory storage and servicing of goods shall be within completely
enclosed buildings.
(3)
The outdoor display or sale of retail goods as accessory to an approved
local convenience commercial use requires site plan review and approval
from the Planning Board. The applicant shall demonstrate the following:
(a)
Items for sale or display shall be arranged so that there is
no obstruction to ingress/egress to any structure for customers, emergency
personnel and handicapped persons. The display area shall not be located
closer than six feet to a parking lot. If permission is granted to
utilize a public walk, a minimum of six feet shall be left clear at
all times.
(b)
Items shall be displayed in such a way that they, or the area
where they are displayed, will not become a safety hazard in wind
or other adverse weather conditions, and shall not accumulate ice
or snow.
(c)
Items may not be located in any front setback.
(d)
If the parcel on which said display is located adjoins a residential
zoning district, said facilities shall be screened so that noise is
not discernible on residential property.
(e)
The outdoor display of chemicals or hazardous materials is prohibited.
(4)
Business hours, pickups, deliveries, and garbage pickups shall be
limited to the hours determined by the Planning Board, but in no case
shall businesses located within an NS Zone be open between 11:00 p.m.
and 6:00 a.m., except restaurants.
(a)
The Planning Board may, during the site plan approval process,
modify the hours of operation outlined above if, in its discretion,
the Planning Board determines that a business shows a necessity, hardship
or overwhelming need to be open during the hours of 11:00 p.m. through
6:00 a.m.
(5)
Any illuminated sign shall not be visible from a local road (as shown
on the Official Map) in a residence district.
(6)
No individual building or use other than a local convenience shopping
center, as defined herein, may exceed 12,000 square feet and may not
include more than three separate commercial establishments.
A.
Purpose. The Village Center (VC) District is intended to be the central
core of the Village, where residents, customers, employees and visitors
may have both vehicular and pedestrian access to a variety of retail,
commercial, civic, cultural and social activities. Given the location
of the Village Center it is acknowledged that uses serving area needs
will also be accommodated, provided that the scale and design of these
uses are consistent with the Village's vision statement, goals and
design guidelines, as expressed in the Village's Comprehensive Plan
and this chapter.
B.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Retail stores and service establishments.
(3)
Offices, professional and business.
(4)
Medical and dental offices and clinics.
(5)
Underground, surface or overhead utilities, including gas, electrical
and water 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.
C.
(1)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(4)
Automobile rental offices including indoor or outdoor storage for
up to 10 vehicles available for rent. No commercial vehicles and no
vehicles over 20 feet in length may be stored.
(9)
Social halls and meeting rooms.
(11)
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.
(15)
Libraries, museums and art galleries.
(16)
Schools of special instruction.
(17)
Restaurants and taverns, but excluding freestanding catering
facilities.
(19)
[1]Outdoor seating accessory to a restaurant, neighborhood restaurant or fast-food restaurant subject to Article XII, § 210-115.
[1]
Editor's Note: Former Subsection C(19), regarding neighborhood
places of worship, was repealed 2-5-2024 by L.L. No. 2-2024. This local law also
renumbered former Subsection C(20) as Subsection C(19).
D.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of occupancy has
been issued, whichever is sooner.
(4)
Accessory storage of retail goods to be delivered or sold to customers
on the premises, provided that such storage will be within fully enclosed
buildings.
(5)
For any structure for sale or rent, temporarily nonilluminated "for sale" or "for rent" signs in accordance with Article VIII herein.
(6)
For any permitted, or special permit use, business identification, directory signs and shopping center identification signs subject to Article VIII and the site development plan rules and regulations.
(7)
Accessory processing and servicing of goods shall be conducted entirely
within fully enclosed structures except as otherwise permitted.
(8)
Accessory outdoor storage may be permitted by the Planning Board
where the product for sale is conveniently open to the weather, provided
that specific screening and conditions limiting the extent of such
storage are imposed.
(9)
Live entertainment as accessory to restaurants and taverns, provided
that the sound generated by such entertainment shall not be audible
beyond the property's boundaries.
(10)
Drive-through in association with banks or pharmacies.
(11)
The outdoor display or sale of retail goods.
E.
Additional use requirements.
(1)
A buffer of not less than 60 feet shall be provided between any use
permitted by right in this district, and any lot in a residence district.
A buffer equal to twice the respective required setback, but not to
exceed 75 feet, shall be provided between any special permit use and
a lot in a residence district.
(2)
All uses shall be conducted within entirely enclosed buildings, except
where otherwise indicated or where customarily such uses are conducted
out of doors. The conduct of such uses shall not be allowed within
any required front setback. Outdoor repair and maintenance of vehicles
or equipment is prohibited.
(3)
The outdoor display or sale of retail goods as accessory to an approved
local convenience commercial use requires site plan review and approval
from the Planning Board. The applicant shall demonstrate the following:
(a)
Items for sale or display shall be arranged so that there is
no obstruction to ingress/egress to any structure for customers, emergency
personnel and handicapped persons. The display area shall not be located
closer than six feet to a parking lot. If permission is granted to
utilize a public walk, a minimum of six feet shall be left clear at
all times.
(b)
Items shall be displayed in such a way that they, or the area
where they are displayed, will not become a safety hazard in wind
or other adverse weather conditions, and shall not accumulate ice
or snow.
(c)
Items may not be located in any front setback
(d)
If the parcel on which said display is located adjoins a residential
zoning district, said facilities shall be screened so that noise is
not discernible on residential property.
(e)
The outdoor display of chemicals or hazardous materials is prohibited.
(4)
Any illuminated sign shall not be visible from a local road (as shown
on the Official Map) in a residence district.
(5)
No use herein shall exceed 80,000 square feet.
(6)
Except for a shopping center, no building or structure shall exceed
80,000 square feet.
F.
Additional design guidelines. A major objective of the Village Center
Zone is to achieve a physically integrated commercial district that
becomes the community center and will give Airmont a sense of place.
This requires an emphasis on smaller structures, connected by attractive
vehicular and pedestrian links. Landscaping, and sitting areas, and
buffers from the major roadways shall be major components of development
in this zone. The following shall be incorporated into plans within
the VC Zone:
(1)
Pedestrian and/or bicycle paths generally in accordance with the
Village Center Pedestrian Guide Plan adopted as a part of the Master
Plan.
(2)
To the maximum practical extent development shall be linked by internal
vehicular drives that will help to reduce traffic and traffic conflicts
on Route 59.
(3)
Landscape plans in the VC Zone shall include a planted berm with
a minimum depth of 20 feet to include both trees and shrubs along
Route 59 that will help to reduce the visual impact of parking areas.
(4)
Shopping centers or office/business parks shall be designed to be
multiple structures or to give the appearance that they are in multiple
structures.
(5)
Buildings shall be designed in a manner consistent with achieving
a Village Center atmosphere in accordance with guidelines adopted
by the Village Board.
B.
(1)
Funeral chapels.
(2)
Banks.
(4)
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.
(7)
Libraries, museums and art galleries.
C.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs, subject to Article VIII herein.
(5)
For any permitted, special permit use, business identification, directory signs and shopping center identification signs in accordance to Article VIII herein.
(6)
Drive-through accessory to banks or pharmacies.
D.
Additional use requirements.
(1)
A buffer of not less than 50 feet shall be provided between any use
first permitted in this district and any lot in a residence district.
A buffer of not less than 50 feet will be provided between any special
permit use and any lot in a residence district.
(2)
All uses shall be within completely enclosed buildings, except where
otherwise indicated or where customarily such uses are conducted outdoors.
The conduct of such uses shall not be allowed within any required
front setback. Outdoor servicing is prohibited.
(3)
Any illuminated sign shall not be visible from a local road (as shown
on the Official Map) in a residence district.
A.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Office buildings for business and professional use, including administrative,
scientific, research and development, training, statistical, financial
and similar purposes in connection with such use.
(3)
Laboratories, research facilities and corporate parks.
(4)
Medical and dental clinics, health service complexes.
B.
(1)
Reservoirs and standpipes on lots of three acres or more.
(3)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(5)
Wholesaling or warehousing business, but excluding wholesale and
retail sales on the premises.
(6)
Manufacturing of prototype products as an adjunct to an office or
laboratory use may be permitted, provided that all activities are
within fully enclosed structures and that chemical processing is limited
to that of laboratory environment.
(7)
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 the 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.
C.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs, in accordance with Article VIII herein.
(5)
For any permitted, special permit use, business identification, directory signs and shopping center identification signs subject to Article VIII herein.
(6)
Maintenance and utility shops for the upkeep and repair of buildings
and structures on the site, central-heating and air-conditioning plants,
substations, water supply and sewage disposal facilities, training
schools for employees, communication facilities, company clinics,
employee dining and recreation facilities, all of which are for the
exclusive use of employees and visitors to the buildings, but not
for the general public.
D.
Additional use requirements.
(1)
Buffer areas equal to the respective required setback shall be provided
between the proposed use and any residential district boundary, except
that the Planning Board may reduce the buffer at the time of site
development plan review to not less than 50 feet where owing to topographic
or other conditions, or characteristics of proposed use, there will
be no foreseeable interference with the use and enjoyment of residentially
zoned properties.
(2)
The minimum distance between detached buildings shall be the height
of the highest wall, plus 15 feet. Fire access shall be provided to
any proposed structure as required by the Building Inspector.
(3)
There shall be no parking or storage permitted in any space between
buildings except as specifically approved and shown on the site development
plan as safe and clear of fire apparatus travel lanes.
(4)
No entrance or exits for any parking or loading area shall be located
within 300 feet of any residential district, nor be allowed egress
on any road classified as a local road on the Official Map, other
than an industrial service street approved by the Planning Board in
a planned building development.
A.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Office for business and professional use, including administrative,
scientific, research and development, training, statistical, financial
and similar purposes in connection with such use.
(3)
Laboratories, research facilities and corporate parks.
(4)
Medical and dental clinics, health service complexes.
(6)
Wholesaling or warehousing business but excluding wholesale and retail
sales on the premises.
B.
(1)
Reservoirs and standpipes on lots of three acres or more.
(2)
Commercial recreation facilities.
(3)
Accessory to commercial recreation facilities, uses, such as restrooms,
locker rooms, shelters and clubhouses or membership clubs.
(4)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(7)
Sales and showroom facilities for products manufactured, fabricated, processed, converted, altered or assembled on the premises, which products may also be stored or warehoused on the premises, and retail and wholesale sales in conjunction with a wholesaling or warehousing business, subject to Article XII, § 210-111.
(8)
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.
C.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs, subject to Article VIII herein.
(5)
For any permitted use, business identification, directory signs and shopping center identification signs subject to Article VIII herein.
(6)
Maintenance and utility shops for the upkeep and repair of buildings
and structures on the site, central-heating and air-conditioning plants,
power substations, water supply and sewage disposal facilities, training
schools for employees, communication facilities, company clinics,
employee dining and recreation facilities, all of which are for the
exclusive use of employees and visitors to the building, but not for
the general public.
D.
Additional use requirements.
(1)
Buffer areas equal to the respective required setback shall be provided
between the proposed use and any residential district boundary, except
that the Planning Board may reduce the buffer at the time of site
development plan review to not less than 50 feet where owing to topographic
or other conditions, or characteristics of proposed use, there will
be no foreseeable interference with the use and enjoyment of residentially
zoned properties.
(2)
The minimum distance between detached buildings shall be the height
of the highest wall, plus 15 feet. Fire access shall be provided to
any proposed structure as required by the Building Inspector.
(3)
The maximum length or extent of any building shall not exceed 66%
of the lot width.
(4)
There shall be no parking or storage permitted in any space between
buildings except as specifically approved and shown on the site development
plan as safe and clear of fire apparatus travel lanes.
(5)
No entrances or exits for any parking or loading area shall be located
within 300 feet of any residential district, nor be allowed egress
on any road classified as a local road on the Official Map, other
than an industrial service street approved by the Planning Board in
a planned building development.
(6)
For freight and/or truck transfer terminals, no part of the use and
uses accessory thereto, including driveways, shall be closer than
500 feet to residential districts.
[1]
Editor's Note: Former § 210-25, Garages, was repealed
10-4-2021 by L.L. No. 2-2021. This local law also repealed any other
provision of the Village Code that mandates the existence of a garage
in any residential Zoning District.
A.
Temporary trailers in advance of site plan approval are not permitted.
B.
No temporary trailers shall be permitted or occupied except in accordance with these provisions and the definition provided in § 210-147. A trailer as regulated in this section does not include the terms "mobile home" or "modular housing".
(1)
Temporary trailers are permitted where a site plan application has
been approved by the Planning Board for the expansion of an existing
nonresidential use, or where there is an active building permit issued
for the construction of a nonresidential use.
(2)
Building Inspector may issue a temporary permit for no more than
two trailers for a period not to exceed a total period of 18 months,
subject to Planning Board review and approval of the proposed location
of said temporary trailers.
(3)
No single trailer shall exceed 12 feet in width by 30 feet in length.
(4)
Depending on the number of trailers proposed and the use which will
temporarily occupy same, the Planning Board, in its discretion, may
require the submission of a site plan in connection with the review
and approval of the temporary permit.
(5)
Trailer(s) shall be located in a place which is easily accessible
to emergency service vehicles, connected to sewer and water service
as may be required by applicable health department regulations, and
shall not require the removal or result in any damage to existing
on-site trees.
(6)
No more than one single trailer may be used during the term of the
temporary permit and only upon the property for which a site plan
application has been submitted. The Planning Board may attach to its
approval whatever conditions are deemed necessary to carry out the
intent of this section. The maximum occupancy of each trailer shall
be established by the Planning Board and shall be duly noted on the
temporary permit which shall be posted on each trailer. Each trailer
shall meet all other applicable building code or relevant regulatory
requirements. Temporary trailers are not permitted in conjunction
with any residential use.
A.
Beekeeping shall be permitted in the RR-50, R-40 and the R-35 Zoning
Districts by permit to be reviewed and issued by the Building Inspector
or Village Engineer or designee, subject to following the rules and
regulations:
B.
Hive registration. All honeybee colonies shall have their location
and number of hives registered annually with the Village of Airmont
by the beekeeper according to terms and conditions of regulations
set forth herein, and as later established by the Village Board by
resolution, including establishing a fee structure and supplemental
regulations.
C.
Hive type. All honeybee colonies shall be kept in hives with removable
frames, Langstroth-type or the equivalent, a maximum of 10 frames
per box, or equivalent, to control total bee density (or five frames
or equivalent for a nucleus colony defined as a hive with a queen
installed at the discretion of the beekeeper to better facilitate
the health and vitality of the entire bee colony), such box to allow
disassembly for complete internal hive inspection at all times, by
the Building Inspector, Village Engineer, Village designee, Department
of Health or the Department of Agriculture, or any governmental agency
with jurisdiction.
D.
Site colony density.
(1)
Irrespective the zoning district, in no event shall hives be
kept on a lot smaller than 20,000 square feet.
(2)
A maximum of two colonies each consisting of no more than five,
stacked hive boxes, each with a maximum of 10 Langstroth-type frames
or equivalent, for a total maximum of 100 frames, or equivalent and
a nucleus colony, consisting of a maximum of two stacked hive boxes
of five Langstroth-type frames in each, or a total of 110 frames,
or equivalent, shall be permitted on a lot up to 35,000 square feet.
Between 35,000 and up to 45,000 square feet, up to four colonies and
two nucleus colonies shall be permitted. Over 45,000 square feet and
up to 80,000 square feet, up to six colonies and three nucleus colonies
shall be permitted. Above 80,000 square feet, a maximum of eight colonies
and four nucleus colonies shall be permitted. Should a hive swarm,
the way bees naturally indicate that a hive is too small, the beekeeper
may add a hive to accommodate same, or adjust the hives, up to the
maximum number of hives permitted on the subject lot. [Note: overall
presumed bee density shall control, it being understood that the above
box density pertains to the type of hive frames being utilized.]
(3)
The above is intended to control overall colony site density
as measured by total frames (Langstroth-type or equivalent). For example,
a site permitted four colonies and two nucleus colonies, shall have
no more than 210 frames, Langstroth-type or equivalent (e.g., 2 x
2 x 5 x 10 + 2 x 5 = 210).
E.
Should hives swarm, the beekeeper may add a temporary hive(s) to
accommodate the same. If this exceeds the maximum permitted site density,
the hives must be merged during the permitted year to an allowed density.
(1)
In no event will the overwintering of colonies exceeding the
maximum total allowed be permitted.
(2)
Should the beekeeper use the "artificial swarm method" to prevent
a swarm, meaning the beekeeper adds a temporary hive(s), if such then
exceeded maximum colony density, all splits to prevent swarming must
be merged with existing colonies during the permitted year to return
to the maximum density.
F.
Colony location. All colonies must be located at least 75 feet from
a public sidewalk, alley, street or road, and at least 25 feet from
a side or rear lot line. All colony entrances shall face inward to
the site and away from the nearest adjacent property boundaries. A
dimensioned sketch showing location and other parameters and distances
on the plot shall be included with the application, as more particularly
explained therein.
G.
Control barrier.
(1)
The beekeeper must establish a flyaway barrier adjacent to hives
controlling the bee flight path away from the property. This should
be at least six feet tall and extend 15 feet beyond the colony on
each boundary side. It can be solid, vegetative or any combination
of the two that forces the bee's flight path along the property line
at a height of six feet or more.
(2)
A substantial labeled barrier must also be erected of approximately
four feet in height sufficient to restrict access by people or animals
and to warn people and children from coming in close contact with
the hives without supervision. This barrier can be placed inside or
outside the flyway barrier, but in no event shall it be so close to
the hives that they can be readily reached by a person standing nearby,
outside the barrier, and stretching across the same.
H.
Purchasing and keeping of bees and queens; honeybee genetics and
defensive behavior.
(1)
Beekeepers pursuing the purchase and keeping of bees must be
mindful of honey bee genetics and defensive honeybee behavior. Thus,
before the purchase of bee packages or queen bees, whether to start,
replace or maintain colonies, beekeepers must act responsibly to limit
the spread of Africanized (defensive) and any other undesirable bee
genetics. Accordingly, every effort should be made to utilize bees
or queens from northern apiaries to limit the spread of the Africanized
bee genetics. Applicants should include documentation to verify apiary
origin of mated queens and packaged bees, including the seller's contact
information.
(2)
Any colony of honeybees exhibiting defensive or angry behavior
must be re-queened immediately. The beekeeper will make every effort
to minimize colony disruption after the defensive or angry behavior
determination. The beekeeper will also use good practices to minimize/prevent
a defensive colony swarming.
(3)
All existing and new apiaries will meet the required colony
density. All existing and new colonies will be managed to meet the
spirit and intent of these provisions, in the judgement of the Building
Inspector, Village Engineer or Village designee, who retain the authority
to cancel the beekeeping permit if these standards are not met. In
such an event, if in disagreement, the beekeeper shall have 30 days
to appeal said cancellation to the Zoning Board of Appeals.
I.
Water. Each beekeeper shall ensure that a convenient source (within
colony property area and near the hive or hives) of water is available
to the bees in sufficient quantity as a function of number of hives,
specifically at any time during the year when temperatures are regularly
50° F. or higher and the bees are active.
J.
Absence. The beekeeper shall maintain a log on site recording significant
hive activities (such as disease infestation). If the beekeeper does
not reside on the property, or plans to be away, he/she or a knowledgeable
representative shall visit same no less frequently than approximately
weekly during the months of higher bee activity, and approximately
bi-monthly at other times except if specific circumstances necessitate
more frequent attention. The beekeeper shall provide contact information
in case of an emergency. The on-site log shall reflect having met
this regulation, and shall be made available for review by the Village
or any person with authority to inspect the hives.
K.
Use secondary, accessory and incidental to residential use. Irrespective
whether a lot upon which beekeeping is proposed is improved by a dwelling
or not, beekeeping as permitted herein is to be considered secondary,
accessory and incidental to the underlying potential residential use,
as contrasted with a commercial use. Factors to be considered in determining
whether the use is secondary, accessory and incidental, versus commercial,
include the following:
(1)
That processing, bottling, labelling, shipping, or sale on site
shall be limited to the product of the bees on site. Honey produced
off-site shall not be brought on site.
(2)
The hive limits, among other purposes, are intended to limit
on-site production of honey to an amount sufficient to supply the
needs of the beekeeper, family and friends, and an incidental sales,
but not to represent a commercially viable quantity.
(3)
That persons coming on-site to view the beekeeping activity
are primarily limited to family and guests, and shall not include
tours by strangers, such as persons invited by advertisement, nor
shall an admission fee be required for such purpose.
(4)
It is not intended that this use generate significant foot or
vehicular traffic representative of a commercial operation, versus
a personal, accessory, hobby level useage.
(5)
That the site is not advertised as a commercial site accessible
to persons responding to such advertisement.
L.
Inspection. The Village of Airmont, or its designee, and/or the Rockland
County Health Department or the Town of Ramapo Police Department or
any governmental agency with a need relevant to its jurisdiction,
shall have the right to inspect the beehives at any time, with 24
hours' notice if practicable. However, in an emergency, notice shall
be given to the extent practicable in the circumstance in the judgment
of the Village, the Health Department or the Police Department, or
agency. Failure to maintain the colony in a safe and secure manner
can lead to revocation of the permit and/or a shutdown order, including
hive removal at the owner's expense by or on behalf of the Village,
which may be appealed within 30 days to the Zoning Board of Appeals.
