The Planning Board may modify the permitted height limitations
of this chapter with respect to the following:
A. Rooftop bulkheads, elevator penthouses, water towers, fire towers,
hose towers, cooling towers, air-cooled or evaporative condensers,
air-cooled or evaporative-cooled closed circuit coolers, exhaust fans
or other air conditioning or heating equipment, flagpoles, dish antennas,
radio or television aerial, provided that such features shall not
occupy, in the aggregate, more than 10% of the area of the roof of
a building and are set back from the edge of the roof at least one
foot for each one foot by which such features exceed the maximum height
otherwise specified for the district in which they are located. All
mechanical equipment located on the tops of buildings shall be visually
screened with a material compatible with the color and texture of
the building walls or otherwise camouflaged.
B. Parapet walls or cornices which do not exceed the maximum height
requirement for the district in which they are located by more than
four feet.
C. Solar energy systems, provided that such systems shall be erected
only to the height necessary to accomplish the purposes they are intended
to serve.
No side yard or rear yard shall be required where such yard
abuts the right-of-way of a limited access highway or utility transmission
line or railroad at least 50 feet in width. Notwithstanding the preceding
sentence, adequate provision shall be made for emergency access to
the side or rear of any building.
The erection or maintenance of any tent and/or canopy is prohibited,
except in accordance with the following:
A. In a residential zone, a tent or other temporary structure may be
erected on residential property for private use by the property owner
for weddings and the like for a period not to exceed 72 hours by obtaining
a temporary permit from the Building Inspector. There shall be a limit
of two temporary permits per property per year.
B. Tents in any other district (excluding residential districts) shall
be erected or maintained upon the obtaining of a temporary permit
from the Building Inspector. The temporary permit shall be issued
provided that all of the following conditions are met:
(1) The erection and construction of the tent meet all the applicable
requirements of the New York State Uniform Fire Prevention and Building
Code, and the tent is certified as meeting the applicable Flame Retardant
Fire Safety Standards for Fabrics and/or the National Fire Protection
Association Flame Resistant Fire Safety Standards for Textiles.
(2) The location and size of the tent use shall be of such character
that, in the determination of the Building Inspector, it will be in
harmony with the existing development of the district in which it
is proposed to be situated and will not be detrimental or obnoxious
to adjacent properties in accordance with and conforming to the zoning
classification of such properties, as set forth in the Zoning chapter
of the Code of the Village of Airmont.
(3) The location and size of the tent, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that, in the determination
of the Building Inspector, both pedestrian and vehicular traffic to
and from the use and the assembly of persons in connection therewith
will not be hazardous or inconvenient to persons using or passing
by the premises or conflict with the normal traffic of the surrounding
area.
(4) A tent may be maintained or erected for a period of time not exceeding
10 days from the date of erection specified in the temporary permit.
Temporary permits are limited to no more than four permits per year,
and only one temporary permit may be issued in a thirty-day period.
(5) No permit may be issued herein unless the owner of the property in
any nonresidential zone has given express written consent to the Village
of Airmont.
(6) The Building Inspector, when issuing such temporary permit, shall
charge and collect a fee therefore of $100 for tents in any nonresidential
district. Such fee shall be amended by the Village Board by resolution
and shall be on file in the office of the Village Clerk.
(7) For sites located on state or county roads, a review of a proposed
tent or canopy shall be completed by the New York State Department
of Transportation or the Rockland County Department of Highways to
ensure that its location does not impede the safe and efficient flow
of traffic.
C. A tent covering not more than 150 square feet of ground area and
used as a cemetery canopy or a religious canopy or used for recreational
purposes shall be permitted and shall not be subject to this section.