A.
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
B.
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense, words used in the singular
number include the plural; words used in the plural number include
the singular; the word "herein" means in this chapter; the word "requirements"
means local law; and the words "this chapter" shall mean this chapter
and the maps included herein as enacted or subsequently amended.
C.
The word "person" as used in this chapter, shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form of entity, contractors, subcontractors or journeymen; "used"
or "occupied" as applied to any land or building, shall be construed
to include the words "intended," "arranged" or "designed to be used
or occupied."
D.
The "Village" is the Village of Airmont in the County of Rockland,
State of New York; the "Village Board," "Zoning Board of Appeals,"
"Planning Board" and "Building Inspector" are respectively the Village
Board, Board of Appeals, Planning Board and Building Inspector of
the Village. The "Town" is the Town of Ramapo in the County of Rockland,
State of New York.
E.
"Article," as a term of reference in this chapter, refers to this
chapter.
F.
"Shall" is always mandatory, except when applied to public officials,
in which event "shall" is directory. "Time requirements" shall, nevertheless,
be considered mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered accessory where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lot are imposed by this chapter.
Physically touching or bordering upon or sharing a common
property line or major portion thereof.
An adult establishment is a commercial establishment where a
substantial portion of the establishment includes, but is not limited
to, an adult bookstore, adult eating or drinking establishment, adult
theater, or other adult commercial establishment, or any combination
thereof, as defined below:
ADULT BOOKSTOREA bookstore which has as a substantial portion of its stock-in-trade any one or more of the following:
Books, magazines, periodicals or other printed matter which
are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
Photographs, films, motion pictures, video cassettes, slides
or other visual representations which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas.
ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features any one or more of the following:
Live performances which are characterized by an emphasis on
specified anatomical areas or specified sexual activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas; or
Employees who, as part of their employment, regularly expose
to patrons specified anatomical areas and which is not customarily
open to the general public during such features because it excludes
minors by reason of age.
ADULT THEATERA theater which regularly features one or more of the following:
Films, motion pictures, video cassettes, slides or similar photographic
reproductions characterized by an emphasis on the depiction or description
of specified sexual activities or specified anatomical areas; or
Live performances characterized by an emphasis on specified
anatomical areas or specified sexual activities and which is not customarily
open to the general public during such features because it excludes
minors by reason of age. An adult theater shall include commercial
establishments where such materials or performances are viewed from
individual enclosures.
OTHER ADULT COMMERCIAL ESTABLISHMENTA facility other than an adult bookstore, adult eating and drinking establishment, adult theater, commercial studio, or business or trade school which features employees who as part of their employment regularly expose to patrons specified anatomical areas and which is not customarily open to the general public during such features because it excludes minors by reason of age.
SPECIFIED SEXUAL ACTIVITIESFor the purpose of defining "adult establishments," are:
For purposes of determining whether a substantial portion of
an establishment includes an adult bookstore, adult eating or drinking
establishment, adult theater, or other adult commercial establishment
or combination thereof, the following factors shall be considered:
For the purpose of determining whether a bookstore has a substantial
portion pursuant to Subsection A(1)(a) and/or (b) hereof, the following
factors shall be considered:
The amount of such stock accessible to customers as compared
to the total stock accessible to customers in the establishment; and
The amount of floor area and cellar space accessible to customers
containing such stock; and
The amount of floor area and cellar space accessible to customers
containing such as stock as compared to the total floor area and cellar
space accessible to customers in the establishment.
Housing designated to be used only for adult students, adult
faculty, spouses or spousal equivalents of the adult students or adult
faculty, and minor children of the adult students or adult faculty
while the adult student is pursuing a full-time post-secondary education
at an educational institution, or the adult faculty is employed full-time
by the educational institution. "Adult" is defined as a person who
has reached the age of majority. Adult family student housing may
consist of townhomes, attached homes, and/or multifamily residences,
notwithstanding any other requirement or restriction in the applicable
Zoning District.
A rectangular cloth material on which is affixed 13 horizontal stripes, alternating red and white, with 50 stars on a blue background in the upper left corner, representing the United States of America. Any such flag shall not be inconsistent with 4 U.S.C. §§ 1-2, Executive Order 10834 or such other statutes, rules, regulations and/or orders promulgated by the federal or state government.
A facility for the care and treatment of animals by licensed
veterinarians. This does not include animal kennels, shelters and
like facilities.
Any building, structure or premises in which animals are
kept, boarded or trained in excess of the size, number or species
limitations prescribed for accessory use of a residence.
The measure of and in a horizontal plane, uncorrected or
adjusted for legal encumbrances, surface conditions or slope.
The conduct within a fully enclosed building of repairs to
the drive train and chassis of vehicles.
That portion of a building that is underground, with an interior
height of at least six feet, 50% of which is below the averaged finished
grade of the ground adjoining the building.
Any habitable space in excess of 80 square feet, containing
a closet, other than a living room, dining room, bathroom, hallway
or kitchen.
An unrelated person (not a family member), occupying not
more than a single room in a dwelling, without individual cooking
or sanitary facilities.
An area of specified dimension extending between a rear or
side property line or a zoning district line and a required yard.
The buffer shall not be used or otherwise encroached upon by any activities
on the lot so as to provide for adequate separation and protection
from otherwise inharmonious or incompatible uses.
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing or enclosing
of persons, animals or property.
The official charged by the Village with enforcement of the
New York State Uniform Fire Prevention and Building Code or successor
standards adopted by New York State.
See ACCESSORY.
Any plot, including its area of land or water, or land and
water, on which are located two or more cabins, tents, shelters or
other accommodations of the design or character suitable for seasonal
or other temporary living purposes, not to exceed 120 days in any
twelve-month period primarily for children.
A business whose primary use is the preparation of food and
provision of wait service for parties, meetings, banquets and celebrations
on the premises separate from a table service restaurant.
An area beneath the home only accessible from the exterior.
Official certification that a building or structure conforms
to this chapter and the New York State Uniform Fire Prevention and
State Building Code, or successor standards adopted by New York State,
and may be occupied.
Official certification that a building or structure or part
thereof, or an open, nonbuilding use, conforms to the use requirements
and other pertinent provisions of this chapter and may be used in
conformity with law.
Any use which differs substantially from the previous use
of a building, structure or nonbuilding use.
A facility licensed by the New York State Department of Social
Services that provides care for three or more children, for more than
three and less than 24 hours per day, in premises other than the residence
of a care provider, and for children between the ages of six weeks
to 12 years of age. A nursery school may be operated at the facility
as part of the child day-care center use, provided it is licensed
by the New York State Department of Education.
A medical facility for diagnosis and treatment of outpatients
in which several physicians work cooperatively.
A building, structure, lot or land area used as a private
club or social organization with annual membership dues, and not conducted
for profit or gain.
The individual charged by the Village with the enforcement
of housing and property maintenance laws and regulations.
Vehicle with commercial registration.
A committee which may be established by resolution of the
Village Board, whose membership shall consist of specified Village
departments, agency officials and consultants retained by the Village
for the purpose of reviewing and evaluating applications or proposals
and advising town boards and agencies. In the absence of an appointed
committee, the term shall refer to those individuals charged with
the same functions.
Pursuant to § 41.34 of the Mental Hygiene Law,
a supportive living facility with four to 14 residents, or a supervised
living facility subject to licensure by the Office of Mental Health
or the Office of Mental Retardation and Developmental Disabilities
which provide a residence for up to 14 mentally disabled persons,
including residential treatment facilities for children and youth.
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors and covered by a permanent
roof.
A residential facility for four or more elderly persons (age
60 or older) within which are provided living and sleeping facilities,
meal preparation, laundry services, and room cleaning. Such facilities
may also provide other services, such as transportation for routine
social and medical appointments, and counseling.
A permanent, binding agreement which restricts the use of real property for the purpose of protecting important ecological resources, including, but not limited to, water quality, wildlife habitat, sensitive ecosystems, wetlands, riparian areas, scenic areas, agricultural land, and historic or culturally significant sites consistent with the policies and procedures of Article 49 of the New York State Environmental Conservation Law. The conservation easement document shall identify the specific limits of the area to be protected and what, if any, activities or improvements shall be permitted in the conservation easement area. The document shall further describe the long-term maintenance of the identified area and the party or parties responsible for such maintenance. The conservation easement document shall be prepared by the property owner, or his or her representative, to the satisfaction of the Planning Board and the Village Attorney and filed with the Village and in the County Clerk's office. A conservation easement area may count towards a setback or lot area requirement calculation except as regulated by § 210-29A of this chapter.
A building or area of land where a person, firm or corporation
engaged in the construction business, or a related field, stores building
materials, equipment and supplies used exclusively in his business
as a contractor.
An unobstructed open area bounded on three or more sides
by the walls of a building or buildings. It does not include any such
area with no windows opening upon it, except windows on a stairway.
The percentage of the area of the lot covered by a building
or buildings.
The percentage of the area of a lot covered by buildings,
parking areas, accessory structures and any impervious materials,
including natural impervious areas and non-vegetative pervious materials.
A space between the ceiling of one story and floor of the
next story, or between the ground and the first floor, which usually
contains pipes, ducts, wiring and lighting fixtures and permits access
but is not greater in height than three feet six inches.
Those areas where patrons are allowed to stand and place
orders in a fast-food restaurant. Public restroomss, kitchen areas,
and seating areas shall not be included as part of the customer service
area.
Any plot of land, including any buildings or structures thereon,
if any, used for any assembly of recreational purposes on a seasonal
basis, but not including any nursery school unless the bulk requirements
for a day camp are met by said nursery school requirements, not including
any living quarters except for a one-family residence on the plot
for the owner or the caretaker of the property, or for seasonal approved
housing for staff of the day camp.
See STREET LINE, DESIGNATED.
The Comprehensive Master Plan as may be adopted by the Planning
Board or the Village Board for the development of the Village, pursuant
to § 7-722 of the Village Law, showing the desirable streets,
bridges and tunnels and the approaches thereto, viaducts, parks, public
reservations, roadways in parks, sites for public buildings and structures,
waterways and drainage systems and such other features, existing and
proposed, as will provide for the improvement of the Village and its
future growth, protection and development and will afford adequate
facilities for the housing, transportation, distribution, comfort,
convenience, public health, safety and general welfare of the population
of the Village.
A building or part of a building containing private or semiprivate
rooms that open to a common hallway, which rooms are sleeping quarters
for administrative staff, faculty or students, along with private
or common bathroom, common dining, cooking, laundry, lounge and recreation
facilities, as required. Dormitory rooms shall not contain separate
cooking, dining or housekeeping facilities, except that one dwelling
unit with complete housekeeping facilities may be provided for use
of a superintendent or supervising staff for every 50 dormitory rooms,
or major part thereof. No more than one communal dining room shall
be provided in any building or structure used for dormitory purposes.
Single-family, two-family and/or other multiple residential facilities,
other than that described above, are not to be considered as dormitories.
Private rooms may be occupied by no more than one person, and semiprivate
rooms may be occupied by no more than two persons.
Any container for the collection of garbage, refuse or rubbish
with twocubic yards of capacity or larger.
A surface which is adequately covered with pavers, concrete
or bituminous products and maintained in good condition at all times.
A building or entirely self-contained portion thereof containing
complete facilities for only one family, having no enclosed space
(other than vestibules, entrances or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
Any school of general, religious or special instruction,
as those terms are defined in this chapter, offering courses in general,
technical, or religious education that is not operated for profit
or gain and conducts a full-time curriculum of instruction a minimum
of five days per week for seven months per year. This definition excludes
specifically from coverage after-school programs for students who
are receiving their primary education elsewhere. Educational institutions
operate in buildings owned or leased by the institution for some or
all of the following purposes: administrative and faculty offices,
classrooms, dining halls, housing limited to enrolled full-time students,
staff and faculty presently employed full-time by the educational
facility, laboratories, places of worship and other ancillary uses
typically and customarily associated with educational facilities.
An educational institution use with an accessory housing
component comprised of a dormitory or dormitories and/or adult family
student housing.
An educational institution offering courses beyond the 12th
grade.
The average setback on each street on which a lot fronts
established by three or more buildings within the same zoning district,
within 300 feet on each side of such lot along the same side of the
street, but not beyond any intersection.
Any activity where stone, sand, gravel, minerals or other
natural material, except topsoil, is removed for the purpose of sale
or any other commercial purpose other than such as may be incidental
to excavating or regrading in connection with, or in anticipation
of, building development or landscaping on the site.
Any number of persons related by blood, marriage or adoption,
or any number of persons who are not so related, living together as
a single nonprofit housekeeping unit, using all rooms and housekeeping
facilities in common and having such meals as they may eat at home
generally prepared and eaten together.
A residential facility in which groups of unrelated persons
live, along with one or more adults who serve in a supervisory role.
Such a facility shall not be construed to mean a "community residence
facility" as defined in § 41.34 of the Mental Hygiene Law.
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
A change or adjustment to an approved site development plan,
due to an undiscovered physical site condition, that will not substantially
alter the intent, layout or design of the approved plan. A field change
may be approved by the Building Inspector or Village Engineer after
receiving the approval of the Chairman (or Vice Chairman if the Chairman
is not available) of the Planning Board, obtained after site visits
or telephone consultation with such members.
A lot which has its buildable area (the so-called flag) located
behind another lot, either existing or proposed, and which derives
access by means of a narrow strip of land (sometimes referred to as
"the flagpole") that has frontage on a street. The flagpole portion
of the flag lot shall be no less than 25 feet in width and shall not
be included in the calculation of lot area.
A farmer's market, fair, bazaar or similar activity, by whatever
name, or those uses which involve the setting up of two or more independently
operated booths, tables, racks or similar display areas for the purpose
of selling merchandise or other items offered for sale by individual
vendors or concessionaires, each of whom generally rents selling space
from the flea market operator. A flea market may be either an open-air
market or held within a fully enclosed structure. In addition, it
may be a temporary event of public interest (e.g., an annual fair
lasting a few days) or may operate as a permanent establishment with
fixed business hours (e.g., daily, weekly, monthly, etc.) A flea market,
as defined herein, shall not be intended to include a garage sale,
roadside produce stand or fund-raising event or festival sponsored
by a religious, charitable or civic organization and held on their
own property.[1]
The gross floor area of all buildings on a lot divided by
the area of the lot. The following areas shall not be counted toward
gross floor areas.
[Added 2-5-2024 by L.L. No. 2-2024]
Unheated enclosed garage area; or
All or a portion of a cellar or basement that is located within
a one-family detached residence that is partly or wholly below the
finished grade of the building where the finished surface of the floor
above the basement or cellar is no more than three feet above the
finished grade for more than 50% of the total building perimeter.
A fast-food restaurant that is not attached to or part of
another structure.
See PLACE OF WORSHIP, FREESTANDING.
The horizontal distance measured along the full length of
a street line abutting the lot.
An enclosed non-habitable space for the storage of one or
more motor vehicles, provided that no business, occupation or service
is conducted therein.
A building or other structure or a tract of land used for
the retail servicing of motor vehicles, including the sale of petroleum
products; sale and servicing of tires, batteries, automotive accessories
and replacement items; washing and lubrication services; and the performance
of routine automotive maintenance and repairs. Sale of other retail
products from the premises shall not be deemed to affect the use of
the facility as a gasoline service station.
The vertical distance from the average elevation of the proposed finished grade along the wall or all walls of a building (or adjacent to the side or all sides of a nonbuilding use) to the highest point of the roof for flat roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs of such building (or nonbuilding uses), except as specifically exempted in Article VI, § 210-40.
An accessory use of a personal service character customarily
conducted entirely within a residence, by the owner/residents thereof,
which use is incidental and secondary to the use of the residence
for dwelling purposes, does not change the character thereof, does
not have any exterior evidence of such accessory use other than a
permitted announcement sign, does not involve, except as otherwise
permitted in residence districts, the parking, storage or standing
of any commercial vehicles or construction equipment or the outdoor
storage of materials and which does not involve the keeping of a stock-in-trade
or the sale of any goods or the use of any chemical, mechanical or
electrical equipment which is not customarily a household appliance
or light office equipment. Said activity shall not occupy more than
the lesser of 1,400 square feet or 30% of the gross floor area of
a residence. Any bathrooms, meeting rooms and/or accessory facilities
used primarily in conjunction with the home occupation shall be included
within the calculations of the floor area of the home occupation.
No person other than the residents engaged in such activity may be
employed by them in connection with said activity. It is the intent
of this chapter that the home occupation shall not generate activities
that come into a residential area so as to detract from the residential
character of the area. The conduct of a clinic, hospital, kennel,
barbershop, beauty parlor, pet grooming or boarding, photographer's
salon, tea room, tourist home, animal hospital, convalescent home,
funeral home, stores of any kind or any similar use or any use that
is not compatible with a residential area shall not be a home occupation.
An accessory office or area located within an owner-occupied
residence devoted to a professional service occupation, in which knowledge
in some department of science or learning is applied to the affairs
of others, either advising or guiding them, or otherwise serving their
interest of welfare through the practice of a profession founded on
such knowledge. Said office activity shall be incidental and secondary
to the use of the residence for dwelling purposes, shall not change
the character thereof and shall not have any evidence of such accessory
use other than a permitted announcement sign. It is the intent of
this chapter that the home professional office shall not generate
activities that come into a residential area so as to detract from
the residential character of the area. Said activity shall not occupy
more than the lesser of 1,400 square feet or 30% of the gross floor
area of a residence. Any bathrooms, meeting rooms and/or accessory
facilities used primarily in conjunction with the home professional
office shall be included within the calculations of the floor area
of the home professional office. In said activity, no more than two
persons, including members of the family residing on the premises,
shall be employed. Permissible home professional office uses include,
but are not limited to, the following: clergymen, lawyers, physicians,
dentists, architects, real estate licensees, engineers or accountants,
if said use meets the other requirements of this chapter.
A building or series of connected buildings with transient
living and sleeping accommodations for rent for 10 or more persons
and which is open for year-round occupancy.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials, such as wastepaper, rags
or scrap material or used building materials, house furnishings, machinery,
vehicles or parts thereof, with or without the dismantling, processing,
salvage or sale or other use or disposition of the same. A deposit
or the storage on a plot of two or more unregistered, wrecked or broken-down
vehicles or parts of two or more such vehicles for one week or more
in an R District, or for three weeks or more in any other district,
shall be deemed to be a junkyard.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products and uses accessory thereto, wherein products are not manufactured
for wholesale or retail sale, wherein commercial servicing or repair
of commercial products is not performed and wherein there is no display
of any material or products.
A qualitative measure of traffic conditions along a given
roadway or at a particular intersection, and based on capacity of
such roadway or intersection. Letter designations range from LOS "A"
(free flow of traffic with no delays), to LOS "F" (forced flow, jammed
intersections and long delays).
Any act, play, show, revue, pantomime, scene, song, dance
act, or song and dance act, participated in by one or more employees,
guests, customers or any other person or persons, including the playing
of records or tapes.
Establishments that deal in the retail and apparel sales
including convenience goods (food and groceries, bakeries, drugs,
hardware, delicatessens, and sundries) and such personal services
as laundry and dry cleaning (pickup and delivery), hair styling, shoe
repair, banks and real estate. Other commercial uses of any kind elsewhere
specified in this chapter shall not be deemed local convenience commercial.
A shopping center located in the NS Neighborhood Shopping
District. The maximum permitted aggregate gross floor area on any
site shall not exceed 80,000 square feet. The floor area of any single
store shall not exceed 12,000 square feet, except that one store in
a local convenience shopping center may not exceed 35,000 square feet.
Establishments that include art studios, banks, offices of
salesmen, attorneys, dentists, sales representatives, architects,
brokers, physicians, engineers, insurance agents, real estate agents,
land surveyors, musicians, antique shops, barbershops, funeral chapels
or other activity found by the Planning Board to be related to the
services of the neighborhood residents or of a character consistent
in scale, intensity of activities and traffic generation (including
traffic from outside the immediate neighborhood) with local convenience
commercial activities. Other uses of any kind elsewhere specified
in this chapter shall not be deemed local office-business.
A designated parcel, tract or area of land established by
plot, subdivision or as otherwise permitted by this chapter to be
used, developed or built upon as a unit.
Any boundary of a lot other than a street line.
The lot line which abuts or runs along the designated street
line. In the case of a lot situated to the rear of another lot, its
front lot line shall be the rear lot line of the front lot for purposes
of measuring the front setback.
The lot line generally opposite the street line. If the rear
lot line is less than 10 feet in length or if the lot comes to a point
in the rear, the rear lot line shall be deemed to be a line parallel
to the front lot line not less than 10 feet long lying farthest from
the front lot line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front setback requirement.
A lot at the junction of, or abutting on, two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
An individually controlled storage space, less than 2,500
square feet per unit, with separate entry, lacking provision for heating
and plumbing.
Housing which is one or more stories in design, is delivered
to the resting site in two or more modules and is removed from the
metal framework upon which it was transported and then assembled into
one unit. Construction of modular housing will be treated the same
as all other site build applications as per the Village of Airmont
Building Code.
See PLACE OF WORSHIP, NEIGHBORHOOD.
A fully enclosed building or portion thereof where food and
beverages, whether or not alcoholic, are sold primarily for consumption
on the premises, with regular wait staff. A neighborhood restaurant
shall not have any live entertainment.
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not comply with the bulk requirements of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
That part of a building, structure or nonbuilding use which
does not conform to one or more of the applicable bulk requirements
of this chapter.
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter or
any amendments thereto affecting such use, which does not conform
to the use requirements of this chapter for the district in which
it is located.
Any private school accredited by the Education Department
of the State of New York, designated to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
operated at least five days per week and seven months per year. No
nursery school shall be operated during the months of July and August
unless it meets with the requirements of a day camp as specified in
this chapter, except for any school operated with a number of children
no greater than the average attendance throughout the regular school
year and without use of an outdoor swimming facility or pool.
Establishments that include offices of salesmen, sales representatives,
architects, engineers, physicians, dentists, attorneys, insurance
brokers, real estate brokers and persons with similar occupations.
Other uses of any kind elsewhere specified in this chapter shall not
be deemed office, professional and business.
The Official Map adopted and established by the Village Board
showing the streets, highways, parks and drainage systems laid out
on such map, including any references to more detailed maps and studies.
The Official Map is final and conclusive with respect to the location
and width of streets, highways, drainage systems and parks shown thereon;
and the Official Map is established to conserve and protect the public
health, safety and general welfare.
Includes all vested or contingent interests of any person
or his agent, representative, successor or assignee and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her spouse, child,
parent, sibling or spouse of sibling, heir or next of kin, agent,
corporation, firm, entity, partnership or unincorporated association.
Ownership of property by different corporations, firms, partnerships,
entities or unincorporated association, in which such a person is
a stockholder, a partner or associate, or his or her spouse, child,
parent, sibling or spouse of sibling, heir or next of kin or owns
an interest of 10% or greater in each corporation, firm, partnership,
entity or unincorporated association.
When such person or his estate, successors or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought or by any determination in any proceeding sought before any board, body, commission or agency of the Village of Airmont, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
Lot or part thereof used for the storage of motor vehicles,
which contains space rented to the general public by the hour, day,
week, month or year.
Land that is committed in perpetuity to remain undeveloped
and in its natural state. For the purposes of this definition, undeveloped
land in its natural state shall be construed to prohibit any land
disturbance of even a temporary nature.
Those surfaces or improvements that can effectively infiltrate
rainfall, snow melt and water including but not limited to natural
landscape such as trees, bushes, grasses, rain gardens, grassed swales.
For the purpose of this Zoning Code, pervious pavement or pervious
pavers shall be included in the calculation of development coverage
and considered impervious surface unless deemed otherwise by the Planning
Board during site plan, special permit use, or subdivision approval.
A freestanding place of worship shall mean a building or
structure used exclusively for the conduct of any form of organized
religious devotion, ritual services, or acts of religious praise,
honor or devotion, which does not fall under the definition of a residential
place of worship. A residence may be an accessory to the freestanding
place of worship.
[Amended 2-5-2024 by L.L. No. 2-2024]
A building or structure on a lot of at least 40,000 square
feet, or the required lot area for the underlying residential zoning
district, whichever is greater, and that is used exclusively to conduct
any form of organized religious ritual, services, or acts of religious
praise, honor or devotion.
An area developed according to plan as a single entity and
containing one or more structures to accommodate nonresidential uses
and appurtenant parking areas and other uses incidental to the predominant
uses.
A temporary, movable toilet facility, not within a building,
including, but not limited to, facilities commonly referred to as,
"porta potty" or "porta john".
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The primary or predominant use for which a lot or building
is used.
An RR-50, R-40, R-35, R-25, R-15 or RSH District in the Village
of Airmont, or a corresponding district in an adjoining municipality.
A building or part thereof designated, used or occupied for
one or more dwelling units, but not including tourist home, hotel,
motel, tourist cabin, summer colony or trailer.
A building which is designed, used or occupied for residential
purposes for more than two dwelling units.[2]
A building designed, used or occupied for residential purposes
for one dwelling unit only. All references to one family residence
in this chapter shall mean one family detached residence.
[Added 2-5-2024 by L.L. No. 2-2024]
A building or structure which comprises one dwelling unit
for one family and which is attached or connected to another dwelling
unit for one family at their common property line by means of a party
wall, the length of which represents at least 50% of the total sidewall
length of which the party wall is a part, and which is separated from
any other building or structure by open space on the side lot line
opposite the party wall and by open space on the front and rear lot
lines. Each dwelling unit must be on its own lot. No certificate of
occupancy shall be issued for a one-family semiattached residence
until such time as the Building Inspector finds the other dwelling
unit to be substantially complete.
One of several units in a building, which unit is designed
for and occupied exclusively as a home or residence for not more than
one family living independently of any other family separated from
other units by a party wall or walls.
A building which is designed, used or occupied for residential
purposes for two dwelling units.
An enclosed nonhabitable space for the storage of one or
more motor vehicles, provided that no business, occupation or service
is conducted therein, which is either attached or detached from the
residential portion of the property.
An accessory area within a one-family detached residence,
not to exceed 1,400 square feet or 30% of the gross floor area of
the residence, whichever is lesser, that is used by organizations
or loose affiliations of likeminded people to conduct civic, or social
activities, or organizational functions more than three times per
month. Occupancy shall not exceed 49 persons.
[Amended 2-5-2024 by L.L. No. 2-2024]
An area within a residence that is an accessory to the residence
for the conducting of religious services which shall not exceed 49%
of the gross floor area of the residence, and the occupancy of a residential
place of worship shall not exceed 49 persons.
[Added 3-15-2021 by Department of Justice Enforcement Ruling;
amended 2-5-2024 by L.L. No. 2-2024]
A fully enclosed building or portion thereof where food and
beverages, whether or not alcoholic, are sold primarily to the public
for consumption on the premises and where regular table service is
provided.
Any establishment primarily engaged in the sale of pre-prepared
or quickly prepared food and beverages which are ordered from a stand-up
counter and which provides no or limited table service. A fast-food
restaurant may include a drive-up or drive-through service facility.
Any street which serves to carry traffic from local residential
streets to secondary streets.
Any street which serves primarily as an access to abutting
residential properties.
Any street which is used primarily as a route for traffic
between communities or large areas.
Any street which serves to carry traffic from collector streets
to a system of major streets.
A site for the disposal of solid waste.
Any secular or religious public or private elementary or
junior high school, high school, college, university or postgraduate
educational institution or post-secondary educational institution
offering courses in general instruction at least five days per week
and seven months per year. Specifically excluded from this definition
are schools of special instruction, as that term is defined in this
section.
Any nonpublic, for-profit educational institution, which
is neither a school of general or religious instruction, offering
a regularly scheduled curriculum teaching technical skills, trades,
arts or other similar specialized or vocational study.
A strip at least 10 feet wide, densely planted (or having
equivalent natural growth) with shrubs or trees at least four feet
high, at the time of planting, of a type that will form a year-round
dense screen at least six feet high within three years; an opaque
wall or barrier or uniformly painted fence at least six feet high;
any other islands, barriers, emplacements, walls, fences, trees, plantings,
shrubbery or other artificial or natural dividing strip or marker
of any kind, wherever located on the site, conditioned or required
in any building permit, certificate of occupancy, site development
plan, subdivision approval, variance, zone change or other requirement
of any board, agency, commission or official of the Village of Airmont
pursuant to this chapter.
An establishment providing clothes washing, drying, and/or
dry-cleaning machines on the premises for rental use to the general
public.
A residential development consisting of a multifamily residence
or multifamily residences which have dwelling units designed for and
occupied by senior citizens, which may be constructed with the assistance
of mortgage financing or other financial assistance insured by or
procured through or with the assistance of a state or federal governmental
agency, and is constructed and maintained on a for-profit, nonprofit
or limited-profit basis.
The minimum distance between a principal building, structure
or use and a property line of the lot or, where a buffer is required,
between the principal building, structure or use and any part of the
buffer. (See Sketches B and C found at the end of this chapter.)
See ESTABLISHED SETBACK.
The distance from the building or use to the front lot line.
The distance from the building or use to the rear lot line.
The distance from the building or use to any lot line other
than to the front or rear lot lines.
A structure or structures and customary parking and loading
areas providing for four or more retail and commercial establishments
managed as a unit and having the following characteristics:
A unified architectural treatment and identifiable theme relating
each of the commercial establishments within.
A common interrelated parking and site circulation system with
consolidated access to public roads.
Individual establishments oriented to pedestrian traffic by
access signs and display, which are not generally visible or only
incidentally visible to the parking areas.
Common amenities provided to patrons apart from the commercial
establishments, such as benches, site decoration and landscaping,
restrooms and the like.
Common spaces which are available for public assemblage, special
events and local notices.
A path improved with concrete, asphalt or similar material
for pedestrian movement and access.
A sidewalk with a minimum width of four feet located within
a public right-of-way or easement for use by the general public and
maintained by the abutting property owner.
Any material structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors, or
on the exterior of any building, or indoors as window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
A plan depicting the size, location, materials and content
of a sign, which plan shall be the sole permitted display for any
sign subject to the site development plan rules and regulations and
this chapter. Also, a unified plan illustrating all signs proposed
for a given property.
The supports, uprights, bracing and framework for the sign.
In the case of a sign structure consisting of two or more sides where
the angle formed between any two of the sides of the projections thereof
exceeds 30°, each side shall be considered a separate sign structure.
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting a sign shall be excluded unless the structure is designed
in a way to form an integral background for the display. Both faces
of a double-faced sign shall be included as surface or area of such
a sign.
The area of a building wall (not exceeding 20 feet above
ground level in NS Districts and 30 feet in all other districts) measured
in the plane of the street frontage, including windows and doors.
Same as BILLBOARD except not a separate structure.
Any sign used to announce the use of the lot or direction
or location of buildings and structures on the lot for an office,
home occupation, religious, charitable or other institutional use.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar, together with any frame or other material or color forming
an integral part of the display or used to differentiate such sign
from the background against which it is placed, excluding the necessary
supports or uprights on which such sign is placed.
Where a sign has two or more faces, the area of all faces shall
be included in determining the area of the sign. In the case of individual
letters, numerals, symbols or any other figure or similar character
placed on a structure, the area shall be based on the smallest polygon
or circle possible or enclosing all such individual letters, numerals,
symbols or figure of similar character.
Any visual message incorporated into an awning attached to
a building. Only the message portion of the awning shall be counted
as sign area.
A structure used for display or which directs attention to
a business, commodity, service or entertainment generally conducted,
sold or offered elsewhere than upon the same lot where the billboard
is located.
A sign containing the name of the establishment and information
on the business conducted therewith, but specifically excluding phrases
directing an action (i.e., stop, buy, eat).
A listing of two or more business enterprises, consisting
of a matrix and sign components.
A display or legend, including but not limited to letters,
words, logos and insignia, which are used as or presented as an announcement
or identification.
Any illuminated signs on which the artificial light is not
maintained stationary and constant in intensity and color at all times
when in use.
Any sign not attached or part of any building but separate
and permanently affixed by any other means, in or upon the ground.
Included are pole signs, pylon signs and masonry wall-type signs.
A sign which has the business name of several businesses
on a single sign, and all such businesses are located within the same
commercial property, plaza or shopping center with a central access
and shared parking. A freestanding sign is not located on a building,
but is located on a separate support structure such as a pole or other
means of support.
Any sign illuminated by electricity, gas or other artificial
light either from the interior (direct illuminating) or exterior (indirect
illumination) of the sign, and which includes reflective and phosphorescent
light.
A freestanding sign constructed on ground level not supported
by poles.
A sign which is attached to the building wall or structure
and which extends horizontally more than 15 inches from the plane
of such wall, or a sign which is perpendicular to the face of such
wall or structure.
For a permitted shopping center, a sign containing the name
of the shopping center and the names of tenants, each of which comprises
more than 1/3 of the total floor space of the center but no other
business, and for which no other business signs are visible on the
same frontage.
A sign related to a single activity or event having a duration
of no more than 30 days.
A sign which is painted on or attached to the outside wall
of a building with the face of the sign in the plane parallel to such
wall, and not extending more than 15 inches from the face of such
wall.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
A structure or portion thereof devoted to an assembly hall
and ancillary rooms (kitchen, office, etc.) used for meetings or gatherings
of organizations for social purposes.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Each 10 feet or fraction thereof of height shall be deemed a story
in absence of finished floors.
A street, which is one of the following: an existing town,
Village, county or state highway or road; a public road shown on a
filed subdivision plat; or a street shown on the Official Map of the
Village.
A line, equidistant from each street line of a street or,
if no street line is established, the center line of the existing
pavement or, if the street is unpaved, the center line of the existing
traveled way.
See FRONTAGE.
The right-of-way line of a street.
The line established by the Official Map as the street right-of-way,
whether or not in public ownership.
A combination of materials constructed, assembled or erected
on, above or below the ground or attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
Any retail establishment offering for sale a combination
of commonly sold prepackaged food products, ready-to-eat food products,
fresh-grown products, fresh meat and fish, household items, sundries,
magazines, newspaper products, tobacco products, and similar goods
not for immediate consumption, but characterized by use in the home
or off site and having a gross floor area of more than 20,000 square
feet.
A recreational club with swimming facilities operated for
members and their guests, whether or not operated for gain.
IN-GROUND POOLAn artificial pool or structure intended for wading, bathing or swimming purposes made of concrete, masonry, metal or other impervious material and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
ABOVEGROUND POOLAn artificial pool or structure which is so constructed as to be above grade and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
An establishment where the primary business is the sale of
alcoholic beverages for consumption on the premises and where meals
may be sold.
Any portable container, receptacle or device of a type commonly
used for the temporary storage of personal property, and specifically
including those storage facilities generally referred to as a portable
on demand storage unit (PODS®).
A vehicle, including but not limited to a mobile home, which
can be used as habitation for one or more persons or for business,
commercial or office purposes. The term "trailer" shall include such
vehicles mounted on temporary or permanent foundations with the wheels
removed.
Land is underwater where it is so shown on the United States
Geological Survey (USGS) Map of the Village or where it is within
the channel lines of a classified stream as shown on the Rockland
County Drainage Agency Official Map. In addition, soils classified
as muck soils by the United States Soil Conservation Service based
on field investigations shall be deemed land underwater.
In its deliberations, the Planning Board shall consider whether
the proposed style is consistent with Village planning objectives
as set forth in the Comprehensive Plan, and in accordance with the
recommendations of the ARC.
The specific purpose for which land or a building is used
or occupied or maintained.
A use customarily incidental and subordinate to the primary
use on a lot, whether such accessory use is conducted in a principal
or accessory building or on the lot.
See NONCONFORMING USE.
A means of transporting or carrying something.
See ANIMAL HOSPITAL.
Open and unobstructed ground area of the plot, extending
inward from a lot line the distance specified in the requirements
for the district in which the lot is located. Where a buffer is required,
the buffer shall be deemed to commence at the lot line and the yard
requirement shall be deemed to commence from the interior line of
the buffer. (See Sketches B and C.)
A required yard extending along the full length of the front
lot line between the side lot lines.
A required yard situated along the rear lot line and extending
the full width of the lot to the side lines of the lot.
A required yard extending along a side lot line from the
required front yard (or from the front lot line if there is no required
front yard) to the required rear yard (or to the rear lot line if
there is no required rear yard).
