Village of Piermont, NY Article I General Provisions

§ 210-1 Declaration of intent.

The purpose of this chapter and the map adopted as part of this chapter is to promote the health, safety, morals and general welfare of the community by conserving land and building values and encouraging the most appropriate use of land throughout the Village of Piermont, in accordance with the provisions of § 7-700 et seq. of the Village Law of the State of New York, as now exists and as it may be from time to time amended.

§ 210-2 Definitions and word usage.

[Amended 12-15-1998 by L.L. No. 9-1998]

A. Word usage. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. The word "lot" includes the word "plot"; the word "herein" means "in this chapter"; the word "regulations" means "the regulations of this chapter"; and the words "this chapter" shall mean "this chapter, the Bulk and Use Tables[1] and the map included herein, as enacted or subsequently amended." A "building" includes any part thereof. "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."

[1] Editor's Note: The Table of Bulk Regulations and the Table of Use Regulations are included at the end of this chapter.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING and ACCESSORY STRUCTURE

[Added 7-17-2007 by L.L. No. 10-2007[2]]

(1) Applies to a building or structure which is detached from and clearly incidental or subordinate to and customary in connection with the principal building and which is located on the same tax lot with such principal building. No residential building at dwelling shall be considered or allowed as accessory to any other residential building or dwelling.

(2) Accessory buildings and accessory structures shall not:

(a) Be occupied or used as a dwelling unit, abode or residence;

(b) Be greater than 15 feet in height;

(c) Be greater than 350 square feet, in site coverage (footprint);

(d) Be closer than three feet to any lot line;

(e) Be located in a front yard; and

(f) Have piped hot water for use in cooking, washing or bathing.

(3) The floor area of accessory buildings and accessory structures detached from the principal building shall be included in the computation of maximum permissible floor area ratio for the principal building. Accessory buildings and accessory structures attached to a principal building will be deemed to be part of such principal building in applying the bulk regulations to such principal building.

ACCESSORY USE

Applies to a use which is clearly incidental or subordinate to and customary in connection with the principal use and which is located on the same tax lot with such principal use.

[Added 7-17-2007 by L.L. No. 8-2007[3]]

ALTERATIONS

As applied to a building or structure, a change in the number of rooms, a rearrangement in the structural parts or in the exit facilities, an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground.

BOARDINGHOUSE

Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a boardinghouse.

BUILDABLE LOT

The most recently recorded piece, plot or parcel of land, or assemblage of recorded contiguous parcels of land, all in common ownership and designated on the official Tax Maps or official records of the Village of Piermont as an independent tax parcel or combined tax parcels, which singly or collectively meet the dimensional requirements of this Zoning Code, including but not limited to the regulations listed on the Table of General Bulk Regulations;[4] § 210-68, Off-street parking; and § 210-69, Off-street loading, those for the approval of a site plan or subdivision, for the issuance of a building permit to construct or establish principal or accessory buildings and uses, or any changes or adjustments to existing lot lines. The minimal lot area necessary to establish a buildable lot and thereby eligible for the application of the Zoning Code Regulations shall not include submerged or flooded land areas, rivers, stream beds or ponds (watercourses), which watercourses are subject to tidal waters of New York State as delineated by the water surface elevation of mean high tide, and shall not include any submerged or any flooded areas, perennial or intermittent stream beds, or pond areas of the freshwater section of the Sparkill Creek, designated as New York State Department of Environmental Conservation Waters Index No. 8-8a (6 NYCRR 935.6).

[Added 8-21-2001 by L.L. No. 7-2001]

BUILDING

Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or chattel.[5]

BUILDING LINE

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BULK

The size and shape of buildings and nonbuilding uses and the physical relationship of their exterior walls to plot lines and other buildings or other walls of the same building. Bulk regulations for a lot and its uses include regulations dealing with maximum area, frontage, width, spacing between buildings on a single plot, yards, courts, usable open space and the maximum ratio of aggregate gross floor area to the area of the plot, height and the length of buildings.

BULK, NONCONFORMING

The part of a building or nonbuilding use which does not conform to one or more of the applicable bulk regulations of this chapter.

CABANA

A small shelter intended for use primarily by boaters and bathers for changing clothes and storing equipment, which may include sanitary facilities but having no sleeping, kitchen or other domestic amenities.

[6]

CHANGE OF USE

Includes a change from one permitted use to another, and from a nonconforming use to a permitted use, and also shall include a generic use change, e.g., a change from the manufacture of paperboard to the manufacture of clothing or the reprocessing of paperboard to the reprocessing of clothing.

COURT

An unobstructed open area bounded on three or more sides by the wall of a building or buildings. An outer court extends to a street or yard, while an inner court does not so extend.

DEMOLITION or DEMOLISH

Any act, action or process that dismantles, destroys, knocks down, obliterates, wrecks, disassembles, razes or tears down 50% or more of the aggregate floor area of a building or structure. Aggregate floor area, for purposes of this definition only, shall include terraces, unroofed open porches and steps.

[Added 3-27-2007 by L.L. No. 4-2007; amended 7-14-2020 by L.L. No. 5-2020]

DIMENSIONALLY NONCONFORMING

The status of a building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, impervious surface coverage, floor area ratio, off-street parking or loading space or other similar dimensional requirements of this Zoning Code, and which either predated the Zoning Code or for which a building permit has been heretofore issued and the construction of which was diligently prosecuted within three months of the date of such permit and the ground-story framework of which, including the second tier of beams, shall have been completed within nine months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from date of this chapter.

[Added 8-21-2001 by L.L. No. 7-2001]

DUSTLESS SURFACE

One adequately covered with screening, stone, gravel, concrete or bituminous products or adequately treated with oil, calcium chloride or similar dust-inhibiting substances and maintained in good condition at all times.

DWELLING, MULTIPLE

A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein.

DWELLING, ONE-FAMILY DETACHED

A house accommodating but a single family.

DWELLING, TWO-FAMILY

A detached building containing two dwelling units.

DWELLING UNIT or DWELLING

A dwelling, abode, residence. building or structure. or portion thereof, providing complete living facilities for one family or individual.

[Amended 7-17-2007 by L.L. No. 9-2007]

FAMILY

Any number of individuals related by blood, marriage or adoption, or not more than four persons who are not so related, living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.

FILLING STATION

Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuels or motor vehicle accessories, and which may include facilities for lubricating, washing or other minor servicing of motor vehicles, but not including body work, major repair or painting thereof by any means.

FLOOR AREA

The sum of the gross horizontal areas of every floor of a building, measured from the exterior faces of exterior walls or from the center line of party or common walls separating two buildings, including basement space; attic space, whether or not a floor has been laid, over which there is structural headroom of seven feet or more; floor space used for mechanical equipment with structural headroom of seven feet or more; elevator shafts and stairwells at each floor; roofed porches, breezeways, interior balconies, mezzanines and penthouses; and any roofed-over space such as a garage or carport for off-street parking accessory to a single-family or two-family dwelling. However, floor area does not include terraces, unroofed open porches and steps. Regardless of the internal arrangement of a building, it shall be deemed to have at least one floor for the first 25 feet of height or fraction thereof, and for floor height over 25 feet, the floor area shall be the result of the actual floor multiplied by the quantity resulting from the division of the actual height of the story by 25:

[Amended 9-4-2018 by L.L. No. 3-2018; 7-14-2020 by L.L. No. 5-2020]

Actual floor area

X

height in feet 25

=

floor area

FLOOR AREA RATIO

The floor area, in square feet, of all buildings on a lot, divided by the area of such lot in square feet.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

GARAGE, PUBLIC

A building used for the storage of motor vehicles which contains space rented to the general public by the hour, day, week, month or year.

HEIGHT, BUILDING OR STRUCTURE

The vertical distance measured from the level of the existing natural grade to the highest point of the roof perpendicular to that grade, including cupolas, gables, belvederes, widow's walks and similar projections, except chimneys, flues and sewer vent pipes that do not extend higher than five feet above the highest point of the roof or higher than the minimum distance required by the Building, Fire, Residential and Property Maintenance Codes of the State of New York (as may be applicable). In determining the level of the existing natural grade, the Building Inspector may require a current topographical survey indicating surface contours at two-foot intervals.

[Added 7-17-2007 by L.L. No. 11-2007]

HOME OCCUPATION

A profession or other occupation not otherwise permitted in the district, which is conducted as an accessory use on a residential lot by one or more members of the family residing on the premises.

LINE, STREET

The dividing line between the street and the lot. For purposes of this definition only, the term "street" shall mean a public way, public street, public road or public thoroughfare, or a private road, private street or private driveway, which affords legal access to abutting property.

[Added 7-22-2008 by L.L. No. 4-2008]

LOT

A recorded piece, plot or parcel of land or assemblage of recorded contiguous parcels of land, all in common ownership and designated on the Assessor's records as a single parcel, occupied or to be occupied by principal and accessory buildings and uses, and including required usable open space required by this chapter.

[Amended 8-21-2001 by L.L. No. 7-2001]

LOT AREA

The total area included within lot lines.

[Added 8-21-2001 by L.L. No. 7-2001]

LOT COVERAGE

That percentage of lot area covered by the ground floor/footprint area of all buildings and structures sited thereon, including parking areas, driveways and all impermeable or impervious surfaces.

[Added 7-22-2008 by L.L. No. 4-2008]

LOT FRONTAGE

The horizontal distances measured along the full length of a street line abutting the lot.

LOT, INTERIOR

A lot other than a corner lot or a through lot.

LOT LINE

A boundary line of a lot.

LOT LINE, FRONT

The street line along the principal street on which the lot abuts and which provides access to the lot. In the case of a lot having less than the minimum lot width, the front lot line shall be deemed to be that which is closest to being parallel to the street which provides access. In the case of flag lots, the front lot line shall be deemed to be a straight line parallel to the street equal to or greater in length than the minimum lot width drawn between and connecting the two side lot lines. In the case of flag lots, the required front yard shall be measured from the front lot line as determined above.

[Amended 7-22-2008 by L.L. No. 4-2008]

LOT LINE, REAR

Any lot line opposite the front lot line, which is parallel to the front lot line or which connects side lot lines, lying wholly within the lot and farthest from the front lot line, but should this be less than 10 feet in length or should the lot come to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than 10 feet in length.

[Amended 7-22-2008 by L.L. No. 4-2008]

LOT LINE, SIDE

Any lot line not a front lot line or a rear lot line, separating the lot from the immediately adjacent lot, including a lot line of an offset portion of a lot.

[Amended 7-22-2008 by L.L. No. 4-2008]

LOT, THROUGH

A lot, other than a corner lot, having frontage on two streets.

LOT WIDTH

The distance between side lot lines measured along a line parallel to the front lot line or, where the front lot line is not a single straight line, to a straight line connecting the end points of the front lot line, drawn through the point of the principal building nearest to the street.

MARINA

A boat basin, dock or facility providing anchorage, mooring, servicing, storage and supply facilities for watercraft, whether on or below land and above, on or below water.

PARKING LOT

Any plot used for the storage of motor vehicles which contains space either rented to the general public by the hour, day, week, month or year or used in connection with any business or industry.

PARKING SPACE

The area required for parking one automobile is defined in this chapter as an area nine feet wide and 18 feet long, not including passageways.

[Amended 11-17-2015 by L.L. No. 3-2015]

POLLUTION

The presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property.

ROOF LEVEL

The average level of the ceiling of the top story of a building.

SCREEN or SCREENING

(1) Either:

(a) A strip at least four 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, to a maximum height of six feet within three years; or

(b) An opaque wall or barrier of uniformly painted fence at least six feet high.

(2) Either Subsection (1)(a) or (b) above shall be maintained in good condition at all times and may have normal entrances and exits but shall not have signs affixed to or hung in relation to the outside thereof, except, for each entrance, one directional arrow and the name of the establishment with "For Patrons Only" or like limitation not over two square feet in area, which shall be nonilluminated. When required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.

SETBACK

The distance between a building and the street line nearest thereto.

SIGN

Any structure, or part thereof, or any device attached to a structure or painted or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. A sign includes any billboard but does not include the flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, a sign as defined herein shall not include a similar structure or device located within a building.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere other than upon the same lot.

SIGN AREA

The area within the shortest line that can be drawn around the outside perimeter of the face of a sign, including all decoration, but excluding supports, if any, unless the same are illuminated as illumination is defined under "sign, illuminated." In computing the total sign area of a directly illuminated sign, the area of the faces of all signs shall be counted, and any neon tube, string of incandescent lights or similar device shall be considered as having a minimum dimension of three inches.

SIGN, BUSINESS

A sign which directs attention to a business or profession conducted or to products sold upon the lot.

SIGN, FLASHING

Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

SIGN, ILLUMINATED

Any sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.

SIGN WALL AREA

Total area of a wall on which a sign is mounted. The area of the wall to be considered should be in one plane. Walls intersecting at an interior angle of more than 135º shall be considered one wall.

STORY

That portion of a building included between the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than five feet above the level from which the height of the building is measured or if it is used for business purposes or for dwelling purposes by other than a janitor or watchman.

[Amended 7-14-2020 by L.L. No. 5-2020]

STORY, HALF

A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

STREET

An existing state, county or town highway or a street shown on the Official Map of the Village, on a plot approved by the Planning Board or on a plot duly filed and recorded in the office of the County Clerk of Rockland County prior to the grant to the Planning Board of the power to approve Village plots.

STREET CENTER LINE

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.

STRUCTURE

Any type or form of construction above or below ground and on, above or below water.

SUBDIVISION

The division of a lot, recorded piece, plot or parcel of land or assemblage of recorded contiguous parcels of land into two or more buildable lots, occupied or to be occupied by principal and accessory buildings and uses and including required usable open space, or other divisions of land for the purpose, whether immediate or future, of transfers of ownership, building development with or without streets or highways, or for any other purpose, except that this shall not apply where primarily only the dimensions of existing lots are changed and additional buildable lots are not created.

[Added 8-21-2001 by L.L. No. 7-2001]

THEATER, INDOOR

A building or part of a building devoted to the showing of moving pictures or stage performances on a paid-admission basis.

USABLE OPEN SPACE

That part of the ground area of a plot for a multifamily residence, not exceeding 20% grade devoted to outdoor recreational space, greenery and service space for household activities which are normally carried on outdoors; not devoted to private roadways open to vehicular transportation or accessory off-street parking spaces; accessible and available to all occupants of dwelling units for whose use the space is required; and having a minimum dimension specified in the bulk regulations. Usable open space may be counted as part of any required yard.

USE

The specific purpose for which land or a building is denied, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE, FIRST PERMITTED

A use permitted in a district by right or special permit which is not so permitted in a previous district.

USE, NONCONFORMING

A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the use regulations of the zoning district in which it is situated.

YARD, FRONT

The area extending across the full width of the lot, between the front lot line and a line drawn parallel thereto at a distance equal to the respective minimum yard setback dimension required by the bulk regulations of this chapter.

[Amended 7-22-2008 by L.L. No. 4-2008]

YARD, REAR

The area extending across the full width of the lot between the rear lot line and a line drawn parallel thereto at a distance equal to the respective minimum yard setback dimension required by the bulk regulations of this chapter.

[Amended 7-22-2008 by L.L. No. 4-2008]

YARD, REQUIRED

The area between a lot line and a line running parallel thereto measured a distance equal to the applicable minimum yard setback dimension required by the bulk regulations of this chapter for that lot line.

[Added 7-22-2008 by L.L. No. 4-2008]

YARD, SIDE

The area between the side line of the lot and a line drawn parallel thereto at a distance equal to the respective minimum yard setback dimension required by the bulk regulations of this chapter, and extending between the front yard and the rear yard. Any lot line not a rear line or a street line shall be deemed a side line.

[Amended 7-22-2008 by L.L. No. 4-2008]

[2] Editor's Note: This local law superseded the former definition of "accessory."

[3] Editor's Note: This local law superseded the former definition of "accessory."

[4] Editor's Note: The Table of General Bulk Regulations is included at the end of this chapter.

[5] Editor's Note: The former definition of "building height," which immediately followed this definition, was superseded 7-17-2007 by L.L. No. 11-2007. See now the definition of "height, building or structure."

[6] Editor's Note: The former definition of "cellar," which immediately followed this definition, was repealed 7-14-2020 by L.L. No. 5-2020.

§ 210-3 List of districts.

A. The Village of Piermont is hereby divided into the following zoning districts:

[Amended 3-8-2023 by L.L. No. 4-2023]

	Symbol	District
	R-80	Single-Family Residential
	R-40	Single-Family Residential
	R-20	Single-Family Residential
	R-15	Single-Family Residential
	R-10	Single-Family Residential
	R-7.5	Single-Family Residential
	R-1.25	Single-Family Residential
	RM	Multifamily Residential
	WF-1	Waterfront
	WF-2	Waterfront
	BB	Business B
	BA	Business A
	RD	Riverfront
	CBM	Central Business Multi-Use

B. Each such district may be designated on the Zoning Map referred to in § 210-4, in the Use and Bulk Tables and elsewhere in the text of this chapter by its symbol only.

§ 210-4 Zoning Map.

The areas of the above districts are bounded and defined as shown on a map entitled "Zoning Map of the Village of Piermont," adopted and certified by the Village Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter. Said Zoning Map, indicating the latest amendments, shall be kept up-to-date in the office of the Village Clerk for the use and benefit of the public. Said map referred, to herein as "the Zoning Map," together with everything shown thereon, is hereby made a part of this Zoning Chapter, which is hereby adopted and enacted.[1]

[1] Editor's Note: The Zoning Map is on file in the Village offices.

§ 210-5 Interpretation of district boundaries.

A. Where a district boundary is shown following a street, a public utility right-of-way or a line located midway between the main tracks of a railroad, such boundary shall be deemed to be changed automatically whenever the center line of such street or public utility right-of-way is changed or said main railroad tracks are changed, if the new center line is no farther than 50 feet from the old center line. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line, such district boundary shall be deemed to be parallel to the center line of such street or public utility right-of-way or to a line located midway between the main tracks of said railroad at such distance therefrom as shown on the Zoning Map.

B. Where a district boundary is shown as following a Village boundary line, a property line, a plot line or a projection of any one of the same, such boundary shall be said landmarked or monumented line or projection thereof. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line or projection thereof, such boundary shall be deemed to be parallel to any landmarked or monumented line or projection thereof at such distance therefrom as shown on the Zoning Map.

§ 210-6 Application of regulations.

A. All general regulations affecting the use of land or buildings are in the affirmative, and no other or further use is to be made of land or buildings except that shown in the chapter as applying to the district in which the land or building is located.

B. No land or building shall hereafter be used or occupied, and no building or any part thereof shall be erected, relocated, altered, used or occupied, unless in conformity with the regulations herein specified for the district in which such land or building is located.

C. No building shall hereafter be erected, altered, relocated, used or occupied to a greater height, to accommodate a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller front yards, rear yards or courts than is specified herein for the district in which such building is located.

D. No building shall hereafter be erected on a lot having less frontage on an official Village street or way than that required for the district in which it is located.

§ 210-6.1 General use requirements.

[Added 10-7-2014 by L.L. No. 4-2014; 3-8-2023 by L.L. No. 4-2023]

The following general use requirements shall apply in the following zoning districts identified in § 210-3: WF-1, WF-2, Business A, Business B, Central Business Multi-Use, RD-West, and RD-East.

A. As of the effective date of this section, in addition to the particular use standards and requirements for any use listed in Chapter 210 of the Code of the Village of Piermont for the zoning districts listed in this section, consistent with Alcoholic Beverage and Control Law § 64:

(1) No building occupied exclusively as a school, church, synagogue or other place of worship shall be permitted within 200 feet of a building housing an establishment holding a valid and subsisting retail liquor license for on-premises consumption.

(2) The measurements in Subsection A(1) of this section are to be taken in straight lines from the center of the nearest entrance of the licensed premises to the center of the nearest entrance of any such proposed school, church, synagogue or other place of worship or to the center of the nearest entrance of each such premises.

(3) Within the context of this subdivision, the word "entrance" shall mean a door of a school, of a house of worship, or of the licensed premises regularly used to give ingress to students of the school, to the general public attending the place of worship, and to patrons or guests of the licensed premises, except that where a school or house of worship or licensed premises is set back from a public thoroughfare, the walkway or stairs leading to any such door shall be deemed an entrance; and the measurement shall be taken to the center of the walkway or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which is used solely as an emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by the general public or patrons, is not deemed an "entrance."

(4) Within the context of this section, a building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship by incidental uses that are not of a nature to detract from the predominant character of the building as a place of worship, such uses which include, but which are not limited to, the conduct of legally authorized games of bingo or other games of chance held as a means of raising funds for the not-for-profit religious organization which conducts services at the place of worship or for other not-for-profit organizations or groups; use of the building for fund-raising performances by or benefitting the not-for-profit religious organization which conducts services at the place of worship or other not-for-profit organizations or groups; the use of the building by other religious organizations or groups for religious services or other purposes; the conduct of social activities by or for the benefit of the congregants; the use of the building for meetings held by organizations or groups providing bereavement counseling to persons having suffered the loss of a loved one, or providing advice or support for conditions or diseases including, but not limited to, alcoholism, drug addiction, cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of the building for blood drives, health screenings, health information meetings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons; and use of the building by noncongregant members of the community for private social functions. The building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship where the not-for-profit religious organization occupying the place of worship accepts the payment of funds to defray costs related to another party's use of the building.

(5) Within the context of this section, a building occupied as a school does not cease to be "exclusively" occupied as a school by incidental non-educational uses in the building that are not of a nature to detract from the predominant character of the building as a school.

(6) If any part or provision of this § 210-6.1 or the application thereof to any person or circumstance is adjudged to be invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to any other person or circumstances.

§ 210-7 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the avoidance of traffic congestion and neighborhood depreciation and the promotion of the public health, morals, safety and the general welfare of the Village as stated in § 210-1 hereof. Wherever the requirements of this chapter are at variance with the requirements of any state law or of any other lawfully adopted rule, regulation or local law of the Village or any lawfully existing covenant or agreement, the more restrictive requirement or that imposing the higher standards shall govern.