The general requirements affecting the use of buildings, structures and land for each of the districts established by Article II are hereby established and set forth in this article.
The following sections specify all uses permitted by right as
well as all special permit uses and accessory uses.
Any use not identified as a permitted use, special permit use
or accessory use shall be deemed prohibited. Any use indicated as
special permit use shall be deemed prohibited unless approved in a
manner specified by this chapter. Where special permit uses are identified
by generic word or description, the Planning Board shall determine
whether a specific use shall be construed to be part of such generic
class. In making such determination, the Planning Board shall consider
to what extent the proposed use is like, in land use impacts, the
class of use indicated in the list.
A.
Legislative intent. The Village Board of the Village of Airmont finds
and determines that the interpretation and application of the current
zoning law is difficult as it relates to residences that are used
as places of worship within the Village of Airmont. In order to promote
individual constitutional rights to freedom of religion, freedom of
assembly and the Village of Airmont's interest in protecting the health,
safety and welfare of its citizens, the Village Board has determined
that the current Zoning Code should be amended to establish residential
places of worship in any residential district in the Village of Airmont.
B.
Regulations and application.
(1)
For the establishment of any residential place of worship that exceeds 1,400 square feet, an applicant shall obtain site approval as set forth in Article IX of the Airmont Zoning Code, in the form as amended by L.L. No. 7-1997. For the establishment of any residential place of worship that is 1,400 square feet or less, an applicant shall apply for site review pursuant to this section of the Code.
(2)
The floor area per person for a residential place of worship
shall be calculated as 20 square feet per person.
(3)
In addition to off-street parking required for the residence,
additional off-street parking for any residential place of worship
shall be provided at the rate of one parking space for every 200 square
feet of the residential place of worship.
(4)
Any single-family residence containing a residential place of
worship shall comply with the area requirements applicable to a single-family
residence in the district in which such building or structure is situated.
The inclusion of a residential place of worship within the structure
of an existing residence that is nonconforming with the area and bulk
table requirements of the district in which such residence is situated
shall not be deemed an intensification of any such dimensional nonconformity,
provided that the size of such residential place of worship docs not
exceed the ratio of the lot on which the residential place of worship
is located to the square footage required for a lot in that zoning
district applied to the maximum size of 1,400 square feet. By means
of example, if a lot of 10,000 square feet is located in a district
providing for a minimum of lot of 30,000 square feet requirement,
the square footage of the residential place of worship cannot exceed
1/3 of the 1,400 square feet.
(5)
An application for a residential place of worship as defined
by this Code shall be submitted to the Clerk to the Planning Board.
That application shall include a standard request for issuance of
a building permit, together with a proposed plan for the use and development
of the site by the applicant. The plan shall include details regarding
water, sewage, parking, traffic, driveway, fire and emergency, buffering
for neighbors, and drainage.
(6)
The Building Inspector shall review the application and refer any complete application to the Planning Board within 10 days of its submission to the Clerk to the Planning Board. If the application provides for more than 1,400 square feet of space devoted to the conducting of religious services, the application shall be referred by the Building Inspector to the Planning Board for regular Planning Board site plan review and approval subject to the provisions of Article IX of the Airmont Zoning Code, in the form as amended by L.L. No. 7-1997, and not any other provision of this Code. If the application provides for 1,400 square feet of space or less devoted to the conducting of religious services, the application shall be referred by the Building Inspector to the CDRC and the Planning Board for review and approval as set forth herein without any public hearing
(7)
The Planning Board shall review all residential place of worship applications providing for 1,400 square feet of space or less devoted to the conducting of religious services in any residential district upon an expedited basis as described below in Subsection B(9) and (12). Such Planning Board review will include an immediate referral by the Clerk to the Planning Board to the CDRC of all issues set forth in the application. Issues regarding water, sewage, and drainage will be reviewed primarily at the CDRC by the Village Engineer to determine if proper engineering standards have been met. Issues regarding parking, traffic access, fire and emergency, and buffering from neighbors will be reviewed by the Planning Board upon recommendation of the CDRC in accordance with the standards, guidelines and requirements applicable to those items.
(8)
Within 10 days of submission of an application to the Clerk
to the Planning Board, the Building Inspector shall provide written
notification to the applicant and the Clerk to the Planning Board
that the application has been received and that either the application
is complete, or a certain aspect or aspects of the application are
incomplete, along with a list of the specific items necessary to make
the application complete.
(9)
For applications 1,400 square feet or less, the Planning Board
shall render a decision on an application for a residential place
of worship within 62 days of the Planning Board's receipt of a completed
application. Should the Planning Board fail to approve the application
for a residential place of worship within 62 days of the Planning
Board's receipt of a completed application, the applicant shall be
entitled to seek all appropriate judicial relief.
(10)
Within 10 days of a favorable Planning Board decision and the
applicant's compliance with all conditions in any Planning Board resolution,
the Building Inspector shall issue a building permit to the applicant.
(11)
Should either the CDRC or the Planning Board determine an application
for a residential place of worship to be deficient for any reason,
the CDRC or the Planning Board will provide written notification to
the applicant of the basis for the deficiency, along with specific
written directions that, if followed by the applicant, will cause
such application to become acceptable to the CDRC and/or the Planning
Board.
(12)
All applications for residential places of worship shall be
given priority in the scheduling of agenda items and hearings and
in rendering of all decisions. That priority will include, but not
be limited to, the placement of residential place of worship applications
on the Planning Board or CDRC calendar before any other applications
can be scheduled to be heard by the Planning Board or CDRC.
(13)
Any residential place of worship that exists prior to the enactment
of this section shall be given 180 days to submit necessary documentation
for approval consistent with the requirements herein.
C.
Definitions.
For the purposes of this section, the term "residential place of worship"
shall mean a dedicated building, or any part thereof, where a group
of people assemble in a congregation to perform acts of religious,
praise, honor or devotion. It also includes places where religious
instructions, ceremonies, and associated activities of faith are carried
out.
[1]
Editor's Note: This section was amended 3-15-2021 by Department
of Justice Enforcement Ruling.
A.
Legislative intent. The Airmont Village Board finds and determines
that in order to promote individual constitutional rights to freedom
of religion, freedom of assembly and the protection of the health,
safety and welfare of its citizens, the Zoning Code establishes neighborhood
places of worship as a special permit use by the Planning Board in
all zoning districts within the Village of Airmont.
B.
Definition. A neighborhood place of worship shall mean 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.
C.
Regulations and application.
(2)
A narrative summary shall be submitted, providing the anticipated
number of congregants, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
(3)
Issues regarding lighting, signage and design shall be reviewed by the Architectural Review Committee pursuant to § 5-10, Article VIII, Signs, and § 210-87, Exterior lighting, of the Village Code, in order to ensure that all structures shall be compatible with the character of the surrounding neighborhood.
(4)
Buffers. A landscaped buffer with a minimum dimension of the
respective required setback for the district shall be required as
condition of approval for any special permit principal or accessory
use in or directly adjacent to a residential zoning district where
such uses may adversely affect the residential character of the neighborhood.
Such buffer area may be reduced where local conditions warrant and
substitute measures are prescribed for the protection of neighboring
properties or where adjacent use is similar to that proposed special
permit use approval.
(5)
Permitted accessory uses. Only uses customarily incidental and
subordinate to neighborhood places of worship shall be permitted,
so long as such accessory uses are consistent with the character of
the neighborhood in which the neighborhood place of worship is located
and the accessory uses permitted therein.
(6)
Prohibited accessory uses. Notwithstanding Subsection C(2) herein, the following accessory uses are prohibited:
(a)
Living quarters.
(b)
Catering facilities.
(c)
Social halls.
(d)
Child day-care centers.
(e)
Schools of general or religious instruction, and schools of
special instruction as defined in this chapter, except that classrooms
for occasional religious instruction held for no more than 10 hours
per week are permitted subject to Planning Board approval.
(7)
Parking. Off-street parking for any neighborhood place of worship
shall be provided at the rate of one parking space for every 200 square
feet gross floor area of the neighborhood place of worship, or one
space per three seats, whichever is greater.
(8)
Where wedding receptions or other social functions are held
at the neighborhood place of worship, attendance shall be limited
to the occupancy of the place of worship, as per New York State Fire
Code, as well as the available on-site parking.
(9)
Use of any outdoor areas of the property shall be limited to
parking and passive recreation, a jungle gym for children, benches,
and picnic tables.
A.
Legislative intent. The Village Board of the Village of Airmont finds
and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the Village
of Airmont's interest in protecting the health, safety and welfare
of its citizens, the Zoning Code establishes freestanding places of
worship as a special permit use by the Planning Board in all zoning
districts within the Village of Airmont.
B.
Definition. 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 either
an accessory residential place of worship, or a neighborhood place
of worship. A portion of the building or structure may be dedicated
as living quarters for clergy and their families.
C.
Regulations and application.
(2)
A freestanding place of worship shall be located on a lot of
no less than two acres, except that if the freestanding place of worship
contains a catering facility or a social hall or is located in the
RR-50, a freestanding place of worship shall be on a lot of no less
than five acres.
(3)
Issues regarding lighting, signage and design shall be reviewed by the Architectural Review Committee pursuant to § 5-10 of the Village Code in order to ensure that all structures shall be compatible with the character of the surrounding neighborhood.
(4)
Buffers. A landscaped buffer with a minimum dimension of the
respective required setback for the district shall be required as
condition of approval for any special permit principal or accessory
use in or directly adjacent to a residential zoning district where
such uses may adversely affect the residential character of the neighborhood.
Such buffer area may be reduced where local conditions warrant and
substitute measures are prescribed for the protection of neighboring
properties or where adjacent use is similar to that proposed special
permit use approval.
(5)
Freestanding places of worship may allow community groups, neighborhood
groups, or nonprofit groups to hold meetings no more than three times
per month, unless otherwise prior approval is obtained from the Village
Building Department. No other use by non-congregants for public assembly
or social gatherings will be permitted.
(6)
No social function, not including regularly scheduled religious
service, may be held between the hours of 12:00 midnight and 6:00
a.m. For the purpose of this provision, regularly scheduled shall
mean occurring in greater frequency than three times per calendar
year.
(7)
Where receptions or other social functions for congregants are
held at the freestanding place of worship, attendance shall be limited
to the available parking and occupancy of the place of worship as
per the New York State Fire Code.
(8)
Use of any outdoor space of the property shall be limited to
parking and passive recreational use only, which may include a small
jungle gym for children, benches, and picnic tables.
(9)
Permitted accessory uses. Only uses customarily incidental and
subordinate to freestanding places of worship shall be permitted.
(a)
Living quarters not to exceed 20% of the gross floor area of
the freestanding place of worship.
(12)
Parking. Off-street parking for any freestanding place of worship
shall be provided at the rate of one parking space for every 200 square
feet of gross floor area of the freestanding place of worship, or
one space per three seats, whichever is greater.
(13)
A narrative summary shall be submitted, providing the anticipated
number of congregants, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
(14)
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter and may result in revocation
of the special use permit upon hearing of the Planning Board, and/or
any appropriate enforcement proceeding available under any local or
state law, ordinance or regulation.
A.
Legislative intent. The Village Board of the Village of Airmont finds
and determines that in order to promote individual constitutional
rights to freedom of religion, freedom of assembly and the Village
of Airmont's interest in protecting the health, safety and welfare
of its citizens, the current Zoning Code should be amended to establish
educational institutions with accessory housing as a special permit
use by the Planning Board.
The uses which are listed in this section are specifically prohibited in the Village, subject to the qualifications set forth in Article II, § 210-7D.
A.
Manufacturing uses involving primary production of the following
products from raw materials:
(1)
Asphalt, cement, charcoal and fuel briquettes.
(2)
Chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose,
chlorine, carbon black and bone black, creosote, hydrogen and oxygen,
industrial alcohol, nitrates (manufactured and natural) of an explosive
nature, potash, plastic materials and synthetic resins, pyroxilin,
rayon yarn and hydrochloric, nitric, phosphoric, picric and sulfuric
acids.
(3)
Coal, coke and tar products, including gas manufacturing; explosives;
fertilizers; gelatin, glue and size.
(4)
Linoleum and oilcloth; matches; paints, varnishes and turpentine.
(5)
Rubber (natural or synthetic); soaps, including fat rendering; starch.
B.
The following processes: nitrating of cotton or other materials;
milling or processing of flour, feed or grain; magnesium foundry;
reduction, refining, smelting and alloying of metal or metal ores;
refining secondary aluminum; refining petroleum products, such as
gasoline, kerosene, naphtha, lubricating oil; distillation of wood
or bones; and reduction and processing of wood pulp and fiber, including
paper mill operations.
C.
Operations involving stockyards and slaughterhouses, grain elevators,
slag piles and keeping, breeding and raising of pigs or cattle for
commercial purposes.
D.
Storage of explosives, except under license from the State of New
York and in a manner and place conforming to the laws of the State
of New York and the American Table of Distances and provided that
no more than 5,000 pounds is stored in any one magazine.
E.
Bulk or wholesale storage of gasoline above ground.
F.
Dumps, sanitary landfills, recycling centers, resource recovery facilities
and junkyards, except those operated by the Village or operated under
contract to the Village.
G.
Quarries, stone crushers, screening plants and storage of quarry
screenings.
H.
Incineration of waste materials except in a plant owned and operated
by the Village.
I.
Disposal of septic or sewage wastes.
J.
Any other use, whether specified above or not, that is of such a
nature as to be detrimental to neighboring properties by reason of
emission of odor, dust, refuse matter, garbage, smoke, vibration,
gas, radiation, noise or any other factor that is dangerous to the
comfort, peace, enjoyment, health or safety of the area or the community.
K.
Freestanding water towers and freestanding water tanks, located below,
on or above ground are not permitted, except that such a tower or
tank owned and operated by a public utility shall be allowed, as a
special permit use of the Planning Board, on plots of three acres
or more, subject to approval of the Village Board.
L.
Contractors' storage yards, except in the PI District.
M.
Ministorage facilities.
N.
Bus storage and repair facilities.
O.
Refuse or garbage truck maintenance or storage facilities.
P.
Roadside mobile lunch wagons.
Q.
Truck or bus body repair and painting.
Minimum 50,000 square feet per lot.
A.
Uses permitted by right:
(1)
The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 200 feet from any lot line:
(2)
One-family detached residences, with not more than one principal
residential building on a lot.
(3)
Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
B.
(1)
Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2)
Reservoirs and standpipes on lots of three acres or more.
(4)
Accessory to outdoor recreation facilities, uses such as restrooms,
locker rooms, shelters and clubhouses for membership clubs.
(5)
Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(7)
Nursery schools.
(9)
Accessory home professional offices.
(10)
Libraries, museums and art galleries.
(11)
Family and group care facility (non-Padavan).
(12)
Keeping, breeding, and raising of cattle, including dairies,
sheep, goats and horses on lots of 20 acres or more, but not within
100 feet of any lot line.
(a)
None of the foregoing shall be construed to permit the commercial
raising of pigs or agricultural industries, such as cage-type poultry
operations or processing of animal products not raised on premises.
(13)
Accessory home occupations.
(14)
Schools of general or religious instruction and buildings for
religious instruction without accessory housing, other than a guard's
or caretaker's dwelling.
(15)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(16)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(17)
Nursing homes and convalescent facilities licensed by the State
of New York.
(19)
Volunteer ambulance service facilities.
(23)
Cemeteries on lots adjacent to an established cemetery or place
of worship.
(24)
Accessory residential places of assembly.
C.
Accessory uses permitted by right:
(1)
Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(3)
Keeping domestic animals as follows: not more than a total of five
cats or dogs over one-year old, not more than two horses over six
months old, not more than 10 fowl, not more than two of any other
species of domestic animals; excluding, however, all pigs and cattle.
Domestic animals, except for cats and dogs, shall be maintained in
an enclosure or fenced area not less than 75 feet from any plot line.
(6)
Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7)
For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article VIII herein.
D.
Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed special permit use approval.
Minimum 40,000 square feet per lot.
A.
Uses permitted by right:
(1)
The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(2)
One-family detached residences, with not more than one principal
residential building on a lot.
(3)
Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
B.
(1)
Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2)
Reservoirs and standpipes on lots of three acres or more.
(3)
Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(4)
Nursery schools.
(6)
Accessory home professional offices.
(7)
Libraries, museums and art galleries.
(8)
Family and group care facility (non-Padavan).
(9)
Accessory home occupations.
(10)
Camps legally existing under the Town of Ramapo Zoning Code as of January 1, 1993, pursuant to § 210-101.
(11)
Schools of general or religious instruction and buildings for
religious instruction without accessory housing, other than a guard's
or caretaker's dwelling.
(12)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(13)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(14)
Nursing homes and convalescent facilities licensed by the State
of New York.
(16)
Volunteer ambulance service facilities.
(20)
Cemeteries on lots adjacent to an established cemetery or place
of worship.
(21)
Accessory residential places of assembly.
C.
Accessory uses permitted by right:
(1)
Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(3)
Keeping domestic animals as follows: not more than a total of five
cats or dogs over one-year old, not more than two horses over six
months old, not more than 10 fowl, not more than two of any other
species of domestic animals; excluding, however, all pigs and cattle.
Domestic animals, except for cats and dogs, shall be maintained in
an enclosure or fenced area not less than 75 feet from any plot line.
(6)
Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7)
For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article VIII herein.
D.
Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special use permit approval.
Minimum 35,000 square feet per lot.
A.
Uses permitted by right:
(1)
The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(2)
One-family detached residences, with not more than one principal
residential building on a lot.
(3)
Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
B.
(1)
Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2)
Reservoirs and standpipes on lots of three acres or more.
(3)
Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(4)
Nursery schools.
(6)
Accessory home professional offices.
(7)
Libraries, museums and art galleries.
(8)
Family and group care facility (non-Padavan).
(9)
Accessory home occupations.
(10)
Camps legally existing under the Town of Ramapo Zoning Code as of January 1, 1993, pursuant to § 210-101.
(11)
Schools of general or religious instruction and buildings for
religious instruction without accessory housing, other than a guard's
or caretaker's dwelling.
(12)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(13)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(14)
Nursing homes and convalescent facilities licensed by the State
of New York.
(16)
Volunteer ambulance service facilities.
(20)
Cemeteries on lots adjacent to an established cemetery or place
of worship.
(21)
Accessory residential places of assembly.
C.
Accessory uses permitted by right:
(1)
Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(3)
Keeping domestic animals as follows: not more than a total of five
cats or dogs over one-year old, not more than two horses over six
months old, not more than 10 fowl, not more than two of any other
species of domestic animals; excluding, however, all pigs and cattle.
Domestic animals, except for cats and dogs, shall be maintained in
an enclosure or fenced area not less than 75 feet from any plot line.
(6)
Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7)
For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article VIII herein.
D.
Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special use permit approval.
Minimum 25,000 square feet per lot.
A.
Uses permitted by right:
(1)
The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(2)
One-family detached residences, with not more than one principal
residential building on a lot.
(3)
Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
B.
(1)
Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2)
Accessory to an agricultural use, buildings or stands for the display
and sale of agricultural products, the majority of which are grown
on the same premises.
(3)
Nursery schools.
(5)
Accessory home professional offices.
(6)
Libraries, museums and art galleries.
(7)
Family and group care facility (non-Padavan).
(8)
Accessory home occupations.
(9)
Schools of general or religious instruction and buildings for religious
instruction without accessory housing, other than a guard's or caretaker's
dwelling.
(10)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(11)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit such outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(12)
Nursing homes and convalescent facilities licensed by the State
of New York.
(14)
Volunteer ambulance service facilities.
(18)
Cemeteries on lots adjacent to an established cemetery or place
of worship.
(19)
Accessory residential places of assembly.
C.
Accessory uses permitted by right:
(1)
Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(3)
Keeping domestic animals as follows: not more than a total of three
cats or dogs over one-year old.
(6)
Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7)
For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article VIII herein.
D.
Additional use requirements. A landscaped buffer with a minimum dimension
of the respective required setback shall be required as condition
of approval for any special permit use where such uses may adversely
affect the residential character of the neighborhood. The buffer,
if required, shall be provided between the proposed special permit
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special use permit approval.
Minimum 15,000 square feet per lot.
A.
Uses permitted by right:
(1)
The following agriculture operations, provided that there shall be
no structures or storage of odor- or dust-producing substance within
a distance of 250 feet from any lot line:
(2)
One-family detached residences, with not more than one principal
residential building on a lot.
(3)
Community residence facilities, subject to Village Board approval
as to site selection, pursuant to § 41.34 of the Mental
Hygiene Law.
(4)
One-family semiattached residences, with not more than one principal
residential building on a lot; such use shall be limited to vacant
land only and shall not be permitted on land which is occupied by
existing construction.
B.
(1)
Public utility buildings or structures not elsewhere identified,
excluding power generation and distribution centers, equipment storage
and crew facilities and transmission towers.
(2)
Nursery schools.
(4)
Accessory home professional offices.
(5)
Libraries, museums and art galleries.
(6)
Family and group care facility (non-Padavan).
(7)
Accessory home occupations.
(8)
Schools of general or religious instruction and buildings for religious
instruction without accessory housing, other than a guard's or caretaker's
dwelling.
(9)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
(10)
Public and private hospitals and sanatoriums for general medical
care. Accessory to such uses, the Planning Board may permit outpatient
clinics and office facilities, provided that in sum such facilities
do not exceed 30% of the total floor area of the facility.
(11)
Nursing homes and convalescent facilities licensed by the State
of New York.
(13)
Volunteer ambulance service facilities.
(17)
Cemeteries on lots adjacent to an established cemetery or place
of worship.
(18)
Accessory residential places of assembly.
C.
Accessory uses permitted by right:
(1)
Accessory to a one-family residence or agricultural use, the following
private structures: greenhouses, barns, silos, sheds, garages, tennis
courts, swimming pools and other similar structures.
(3)
Keeping domestic animals as follows: not more than a total of three
cats or dogs over one-year old.
(6)
Accessory to agriculture operations, storage of goods, equipment,
raw materials or products, screened from all property lines.
(7)
For any residence, home occupation or home professional office, if any on the premises, one announcement sign in accordance with Article VIII herein.
D.
Additional use requirements. A buffer with a minimum dimension of
the respective required setback may be required as condition of approval
for any special permit use where such uses may adversely affect the
residential character of the neighborhood. The buffer, if required,
shall be provided between the proposed special permit use and any
lot in a residential district. Such buffer area may be reduced where
local conditions warrant and substitute measures are prescribed for
the protection of neighboring properties or where adjacent use is
similar to that proposed for special permit use approval.
A.
Purpose and applicability.
(1)
The forms of housing accommodations for older residents has increased
in terms of size, type of units, cost, accessory and support facilities
and desired amenities. All of these forms of housing have characteristics
that are, to a greater or lesser degree, different than the general
housing stock. The purpose of the RSH Zone is to provide for various
types of housing to accommodate senior citizens at various stages
of their life, starting with totally independent living retirement
or leisure communities to assisted living and nursing facilities.
(2)
The RSH Zone is intended as a floating zone to accommodate senior citizen housing as defined in Article XII herein and is to be applied only in areas zoned Village Center (VC) or Neighborhood Shopping (NS) at the time of submission of a rezoning petition to the Village Board in order to assure access to transportation, community and commercial services.
E.
Additional use requirements. A buffer with a minimum dimension of
the respective required setback may be required as a condition of
approval where such uses may adversely affect the residential character
of the neighborhood. The buffer shall be provided between the proposed
use and any lot in a residential district. Such buffer area may be
reduced where local conditions warrant and substitute measures are
prescribed for the protection of neighboring properties or where adjacent
use is similar to that proposed for special permit use approval.
A.
Purpose. The NS Neighborhood Shopping District is intended to accommodate
local convenience uses, to serve the surrounding neighborhood and
community. This includes uses such as grocery stores, bakeries, hardware
stores, delicatessens, restaurants, professional and business offices
serving local rather than regional purposes and specialty shops (books,
sporting goods, apparel boutiques, computers, etc.).
B.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Local convenience commercial uses, but excluding supermarkets.
(3)
Local office/business uses.
(4)
Medical and dental offices and clinics.
(5)
Self-service laundromats containing not more than 30 machines of
any type.
(6)
Specialty shops, including but not limited to books, computers, apparel
boutiques, sporting goods.
C.
(1)
Gasoline service stations, provided that there shall be no other gasoline service stations within the same contiguous zoning district and that there shall be no gasoline service station (in any other district) within 1,000 feet if measured along a state road frontage from a proposed site or 2,500 feet if measured along a county or town road frontage, subject to Article XII, § 210-100.
(2)
Automotive repair and maintenance shops which do not include the sale of gasoline or the repair of automobile bodies, and further provided that all repair and maintenance of vehicles and all accessory storage shall be within completely enclosed buildings, and further provided that such facilities shall have no access to any road classified as local on the Official Map, and subject to Article XII, § 210-116, herein.
(3)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(6)
Underground, surface or overhead utilities, including gas, electrical
and water transmission towers; telephone lines, call boxes and other
similar equipment and accessories necessary for furnishing of adequate
service by public utilities; substations, pumping stations and other
unmanned structures that harmonize with the neighborhood, having adequate
fences and other safety devices, screening and landscaping.
(8)
Repairs of automobile bodies, provided that said use preexisted and
was a legal and conforming use in the Community Shopping District
(CS) on June 1, 1999, and further provided the use has not ceased
for a period in excess of 12 months.
(11)
Libraries, museums and art galleries.
(12)
Neighborhood restaurants, including take-out services.
(13)
Fast-food restaurant as part of a local convenience shopping
center.
D.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
Accessory storage of retail goods to be delivered or sold to customers
on the premises, provided that such storage will be within fully enclosed
buildings.
(5)
Accessory processing and servicing of goods within the principal
structure, provided that such processing and servicing is clearly
incidental to permitted principal use on the site.
(6)
For any structure for sale or rent, temporarily nonilluminated "for sale" or "for rent" signs in accordance with Article VIII herein.
(7)
For any permitted or special permit use, business identification, directory signs and shopping center identification signs subject to Article VIII herein.
(8)
Drive-through in association with banks or pharmacies.
(9)
The outdoor display or sale of retail goods as regulated in § 210-20E(3) of this code.
E.
Additional use requirements.
(1)
A landscaped buffer of not less than 40 feet shall be provided between
any permitted use in this district and any lot in a residence district.
A buffer of not less than 60 feet will be provided between any special
permit use and any lot in a residence district.
(2)
Accessory storage and servicing of goods shall be within completely
enclosed buildings.
(3)
The outdoor display or sale of retail goods as accessory to an approved
local convenience commercial use requires site plan review and approval
from the Planning Board. The applicant shall demonstrate the following:
(a)
Items for sale or display shall be arranged so that there is
no obstruction to ingress/egress to any structure for customers, emergency
personnel and handicapped persons. The display area shall not be located
closer than six feet to a parking lot. If permission is granted to
utilize a public walk, a minimum of six feet shall be left clear at
all times.
(b)
Items shall be displayed in such a way that they, or the area
where they are displayed, will not become a safety hazard in wind
or other adverse weather conditions, and shall not accumulate ice
or snow.
(c)
Items may not be located in any front setback.
(d)
If the parcel on which said display is located adjoins a residential
zoning district, said facilities shall be screened so that noise is
not discernible on residential property.
(e)
The outdoor display of chemicals or hazardous materials is prohibited.
(4)
Business hours, pickups, deliveries, and garbage pickups shall be
limited to the hours determined by the Planning Board, but in no case
shall businesses located within an NS Zone be open between 11:00 p.m.
and 6:00 a.m., except restaurants.
(a)
The Planning Board may, during the site plan approval process,
modify the hours of operation outlined above if, in its discretion,
the Planning Board determines that a business shows a necessity, hardship
or overwhelming need to be open during the hours of 11:00 p.m. through
6:00 a.m.
(5)
Any illuminated sign shall not be visible from a local road (as shown
on the Official Map) in a residence district.
(6)
No individual building or use other than a local convenience shopping
center, as defined herein, may exceed 12,000 square feet and may not
include more than three separate commercial establishments.
A.
Purpose. The Village Center (VC) District is intended to be the central
core of the Village, where residents, customers, employees and visitors
may have both vehicular and pedestrian access to a variety of retail,
commercial, civic, cultural and social activities. Given the location
of the Village Center it is acknowledged that uses serving area needs
will also be accommodated, provided that the scale and design of these
uses are consistent with the Village's vision statement, goals and
design guidelines, as expressed in the Village's Comprehensive Plan
and this chapter.
B.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Retail stores and service establishments.
(3)
Offices, professional and business.
(4)
Medical and dental offices and clinics.
(5)
Underground, surface or overhead utilities, including gas, electrical
and water transmission towers, telephone lines, call boxes and other
similar equipment and accessories necessary for furnishing of adequate
service by public utilities; substations, pumping stations and other
unmanned structures that harmonize with the neighborhood, having adequate
fences and other safety devices, screening and landscaping.
C.
(1)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(4)
Automobile rental offices including indoor or outdoor storage for
up to 10 vehicles available for rent. No commercial vehicles and no
vehicles over 20 feet in length may be stored.
(9)
Social halls and meeting rooms.
(11)
Underground surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto, except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood, having adequate fences
and other safety devices, screening and landscaping.
(15)
Libraries, museums and art galleries.
(16)
Schools of special instruction.
(17)
Restaurants and taverns, but excluding freestanding catering
facilities.
D.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of occupancy has
been issued, whichever is sooner.
(4)
Accessory storage of retail goods to be delivered or sold to customers
on the premises, provided that such storage will be within fully enclosed
buildings.
(5)
For any structure for sale or rent, temporarily nonilluminated "for sale" or "for rent" signs in accordance with Article VIII herein.
(6)
For any permitted, or special permit use, business identification, directory signs and shopping center identification signs subject to Article VIII and the site development plan rules and regulations.
(7)
Accessory processing and servicing of goods shall be conducted entirely
within fully enclosed structures except as otherwise permitted.
(8)
Accessory outdoor storage may be permitted by the Planning Board
where the product for sale is conveniently open to the weather, provided
that specific screening and conditions limiting the extent of such
storage are imposed.
(9)
Live entertainment as accessory to restaurants and taverns, provided
that the sound generated by such entertainment shall not be audible
beyond the property's boundaries.
(10)
Drive-through in association with banks or pharmacies.
(11)
The outdoor display or sale of retail goods.
E.
Additional use requirements.
(1)
A buffer of not less than 60 feet shall be provided between any use
permitted by right in this district, and any lot in a residence district.
A buffer equal to twice the respective required setback, but not to
exceed 75 feet, shall be provided between any special permit use and
a lot in a residence district.
(2)
All uses shall be conducted within entirely enclosed buildings, except
where otherwise indicated or where customarily such uses are conducted
out of doors. The conduct of such uses shall not be allowed within
any required front setback. Outdoor repair and maintenance of vehicles
or equipment is prohibited.
(3)
The outdoor display or sale of retail goods as accessory to an approved
local convenience commercial use requires site plan review and approval
from the Planning Board. The applicant shall demonstrate the following:
(a)
Items for sale or display shall be arranged so that there is
no obstruction to ingress/egress to any structure for customers, emergency
personnel and handicapped persons. The display area shall not be located
closer than six feet to a parking lot. If permission is granted to
utilize a public walk, a minimum of six feet shall be left clear at
all times.
(b)
Items shall be displayed in such a way that they, or the area
where they are displayed, will not become a safety hazard in wind
or other adverse weather conditions, and shall not accumulate ice
or snow.
(c)
Items may not be located in any front setback
(d)
If the parcel on which said display is located adjoins a residential
zoning district, said facilities shall be screened so that noise is
not discernible on residential property.
(e)
The outdoor display of chemicals or hazardous materials is prohibited.
(4)
Any illuminated sign shall not be visible from a local road (as shown
on the Official Map) in a residence district.
(5)
No use herein shall exceed 80,000 square feet.
(6)
Except for a shopping center, no building or structure shall exceed
80,000 square feet.
F.
Additional design guidelines. A major objective of the Village Center
Zone is to achieve a physically integrated commercial district that
becomes the community center and will give Airmont a sense of place.
This requires an emphasis on smaller structures, connected by attractive
vehicular and pedestrian links. Landscaping, and sitting areas, and
buffers from the major roadways shall be major components of development
in this zone. The following shall be incorporated into plans within
the VC Zone:
(1)
Pedestrian and/or bicycle paths generally in accordance with the
Village Center Pedestrian Guide Plan adopted as a part of the Master
Plan.
(2)
To the maximum practical extent development shall be linked by internal
vehicular drives that will help to reduce traffic and traffic conflicts
on Route 59.
(3)
Landscape plans in the VC Zone shall include a planted berm with
a minimum depth of 20 feet to include both trees and shrubs along
Route 59 that will help to reduce the visual impact of parking areas.
(4)
Shopping centers or office/business parks shall be designed to be
multiple structures or to give the appearance that they are in multiple
structures.
(5)
Buildings shall be designed in a manner consistent with achieving
a Village Center atmosphere in accordance with guidelines adopted
by the Village Board.
B.
(1)
Funeral chapels.
(2)
Banks.
(4)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto, except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood, having adequate fences
and other safety devices, screening and landscaping.
(7)
Libraries, museums and art galleries.
C.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs, subject to Article VIII herein.
(5)
For any permitted, special permit use, business identification, directory signs and shopping center identification signs in accordance to Article VIII herein.
(6)
Drive-through accessory to banks or pharmacies.
D.
Additional use requirements.
(1)
A buffer of not less than 50 feet shall be provided between any use
first permitted in this district and any lot in a residence district.
A buffer of not less than 50 feet will be provided between any special
permit use and any lot in a residence district.
(2)
All uses shall be within completely enclosed buildings, except where
otherwise indicated or where customarily such uses are conducted outdoors.
The conduct of such uses shall not be allowed within any required
front setback. Outdoor servicing is prohibited.
(3)
Any illuminated sign shall not be visible from a local road (as shown
on the Official Map) in a residence district.
A.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Office buildings for business and professional use, including administrative,
scientific, research and development, training, statistical, financial
and similar purposes in connection with such use.
(3)
Laboratories, research facilities and corporate parks.
(4)
Medical and dental clinics, health service complexes.
B.
(1)
Reservoirs and standpipes on lots of three acres or more.
(3)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(5)
Wholesaling or warehousing business, but excluding wholesale and
retail sales on the premises.
(6)
Manufacturing of prototype products as an adjunct to an office or
laboratory use may be permitted, provided that all activities are
within fully enclosed structures and that chemical processing is limited
to that of laboratory environment.
(7)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including, appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for the furnishing of adequate
service by public utilities; substations, pumping stations and other
unmanned structures that harmonize with the neighborhood, having adequate
fences and other safety devices, screening and landscaping.
C.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs, in accordance with Article VIII herein.
(5)
For any permitted, special permit use, business identification, directory signs and shopping center identification signs subject to Article VIII herein.
(6)
Maintenance and utility shops for the upkeep and repair of buildings
and structures on the site, central-heating and air-conditioning plants,
substations, water supply and sewage disposal facilities, training
schools for employees, communication facilities, company clinics,
employee dining and recreation facilities, all of which are for the
exclusive use of employees and visitors to the buildings, but not
for the general public.
D.
Additional use requirements.
(1)
Buffer areas equal to the respective required setback shall be provided
between the proposed use and any residential district boundary, except
that the Planning Board may reduce the buffer at the time of site
development plan review to not less than 50 feet where owing to topographic
or other conditions, or characteristics of proposed use, there will
be no foreseeable interference with the use and enjoyment of residentially
zoned properties.
(2)
The minimum distance between detached buildings shall be the height
of the highest wall, plus 15 feet. Fire access shall be provided to
any proposed structure as required by the Building Inspector.
(3)
There shall be no parking or storage permitted in any space between
buildings except as specifically approved and shown on the site development
plan as safe and clear of fire apparatus travel lanes.
(4)
No entrance or exits for any parking or loading area shall be located
within 300 feet of any residential district, nor be allowed egress
on any road classified as a local road on the Official Map, other
than an industrial service street approved by the Planning Board in
a planned building development.
A.
Uses permitted by right:
(1)
Public utility buildings.
(2)
Office for business and professional use, including administrative,
scientific, research and development, training, statistical, financial
and similar purposes in connection with such use.
(3)
Laboratories, research facilities and corporate parks.
(4)
Medical and dental clinics, health service complexes.
(6)
Wholesaling or warehousing business but excluding wholesale and retail
sales on the premises.
B.
(1)
Reservoirs and standpipes on lots of three acres or more.
(2)
Commercial recreation facilities.
(3)
Accessory to commercial recreation facilities, uses, such as restrooms,
locker rooms, shelters and clubhouses or membership clubs.
(4)
Temporary structures, including trailers for permitted uses on a
nonrenewable permit not to exceed two years from the date of issue
of the permit.
(7)
Sales and showroom facilities for products manufactured, fabricated, processed, converted, altered or assembled on the premises, which products may also be stored or warehoused on the premises, and retail and wholesale sales in conjunction with a wholesaling or warehousing business, subject to Article XII, § 210-111.
(8)
Underground, surface or overhead utilities, including gas, electrical
and water transmission systems, including appurtenances thereto except
transmission towers; telephone lines, call boxes and other similar
equipment and accessories necessary for furnishing of adequate service
by public utilities; substations, pumping stations and other unmanned
structures that harmonize with the neighborhood having adequate fences
and other safety devices, screening and landscaping.
C.
Accessory uses permitted by right:
(3)
Temporary structures for the storage of equipment and supplies used
in connection with the construction of structures for permitted uses
for a period of two years or until a certificate of use has been issued,
whichever is sooner.
(4)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs, subject to Article VIII herein.
(5)
For any permitted use, business identification, directory signs and shopping center identification signs subject to Article VIII herein.
(6)
Maintenance and utility shops for the upkeep and repair of buildings
and structures on the site, central-heating and air-conditioning plants,
power substations, water supply and sewage disposal facilities, training
schools for employees, communication facilities, company clinics,
employee dining and recreation facilities, all of which are for the
exclusive use of employees and visitors to the building, but not for
the general public.
D.
Additional use requirements.
(1)
Buffer areas equal to the respective required setback shall be provided
between the proposed use and any residential district boundary, except
that the Planning Board may reduce the buffer at the time of site
development plan review to not less than 50 feet where owing to topographic
or other conditions, or characteristics of proposed use, there will
be no foreseeable interference with the use and enjoyment of residentially
zoned properties.
(2)
The minimum distance between detached buildings shall be the height
of the highest wall, plus 15 feet. Fire access shall be provided to
any proposed structure as required by the Building Inspector.
(3)
The maximum length or extent of any building shall not exceed 66%
of the lot width.
(4)
There shall be no parking or storage permitted in any space between
buildings except as specifically approved and shown on the site development
plan as safe and clear of fire apparatus travel lanes.
(5)
No entrances or exits for any parking or loading area shall be located
within 300 feet of any residential district, nor be allowed egress
on any road classified as a local road on the Official Map, other
than an industrial service street approved by the Planning Board in
a planned building development.
(6)
For freight and/or truck transfer terminals, no part of the use and
uses accessory thereto, including driveways, shall be closer than
500 feet to residential districts.
[1]
Editor's Note: Former § 210-25, Garages, was repealed
10-4-2021 by L.L. No. 2-2021. This local law also repealed any other
provision of the Village Code that mandates the existence of a garage
in any residential Zoning District.
A.
Temporary trailers in advance of site plan approval are not permitted.
B.
No temporary trailers shall be permitted or occupied except in accordance with these provisions and the definition provided in § 210-147. A trailer as regulated in this section does not include the terms "mobile home" or "modular housing".
(1)
Temporary trailers are permitted where a site plan application has
been approved by the Planning Board for the expansion of an existing
nonresidential use, or where there is an active building permit issued
for the construction of a nonresidential use.
(2)
Building Inspector may issue a temporary permit for no more than
two trailers for a period not to exceed a total period of 18 months,
subject to Planning Board review and approval of the proposed location
of said temporary trailers.
(3)
No single trailer shall exceed 12 feet in width by 30 feet in length.
(4)
Depending on the number of trailers proposed and the use which will
temporarily occupy same, the Planning Board, in its discretion, may
require the submission of a site plan in connection with the review
and approval of the temporary permit.
(5)
Trailer(s) shall be located in a place which is easily accessible
to emergency service vehicles, connected to sewer and water service
as may be required by applicable health department regulations, and
shall not require the removal or result in any damage to existing
on-site trees.
(6)
No more than one single trailer may be used during the term of the
temporary permit and only upon the property for which a site plan
application has been submitted. The Planning Board may attach to its
approval whatever conditions are deemed necessary to carry out the
intent of this section. The maximum occupancy of each trailer shall
be established by the Planning Board and shall be duly noted on the
temporary permit which shall be posted on each trailer. Each trailer
shall meet all other applicable building code or relevant regulatory
requirements. Temporary trailers are not permitted in conjunction
with any residential use.
A.
Beekeeping shall be permitted in the RR-50, R-40 and the R-35 Zoning
Districts by permit to be reviewed and issued by the Building Inspector
or Village Engineer or designee, subject to following the rules and
regulations:
B.
Hive registration. All honeybee colonies shall have their location
and number of hives registered annually with the Village of Airmont
by the beekeeper according to terms and conditions of regulations
set forth herein, and as later established by the Village Board by
resolution, including establishing a fee structure and supplemental
regulations.
C.
Hive type. All honeybee colonies shall be kept in hives with removable
frames, Langstroth-type or the equivalent, a maximum of 10 frames
per box, or equivalent, to control total bee density (or five frames
or equivalent for a nucleus colony defined as a hive with a queen
installed at the discretion of the beekeeper to better facilitate
the health and vitality of the entire bee colony), such box to allow
disassembly for complete internal hive inspection at all times, by
the Building Inspector, Village Engineer, Village designee, Department
of Health or the Department of Agriculture, or any governmental agency
with jurisdiction.
D.
Site colony density.
(1)
Irrespective the zoning district, in no event shall hives be
kept on a lot smaller than 20,000 square feet.
(2)
A maximum of two colonies each consisting of no more than five,
stacked hive boxes, each with a maximum of 10 Langstroth-type frames
or equivalent, for a total maximum of 100 frames, or equivalent and
a nucleus colony, consisting of a maximum of two stacked hive boxes
of five Langstroth-type frames in each, or a total of 110 frames,
or equivalent, shall be permitted on a lot up to 35,000 square feet.
Between 35,000 and up to 45,000 square feet, up to four colonies and
two nucleus colonies shall be permitted. Over 45,000 square feet and
up to 80,000 square feet, up to six colonies and three nucleus colonies
shall be permitted. Above 80,000 square feet, a maximum of eight colonies
and four nucleus colonies shall be permitted. Should a hive swarm,
the way bees naturally indicate that a hive is too small, the beekeeper
may add a hive to accommodate same, or adjust the hives, up to the
maximum number of hives permitted on the subject lot. [Note: overall
presumed bee density shall control, it being understood that the above
box density pertains to the type of hive frames being utilized.]
(3)
The above is intended to control overall colony site density
as measured by total frames (Langstroth-type or equivalent). For example,
a site permitted four colonies and two nucleus colonies, shall have
no more than 210 frames, Langstroth-type or equivalent (e.g., 2 x
2 x 5 x 10 + 2 x 5 = 210).
E.
Should hives swarm, the beekeeper may add a temporary hive(s) to
accommodate the same. If this exceeds the maximum permitted site density,
the hives must be merged during the permitted year to an allowed density.
(1)
In no event will the overwintering of colonies exceeding the
maximum total allowed be permitted.
(2)
Should the beekeeper use the "artificial swarm method" to prevent
a swarm, meaning the beekeeper adds a temporary hive(s), if such then
exceeded maximum colony density, all splits to prevent swarming must
be merged with existing colonies during the permitted year to return
to the maximum density.
F.
Colony location. All colonies must be located at least 75 feet from
a public sidewalk, alley, street or road, and at least 25 feet from
a side or rear lot line. All colony entrances shall face inward to
the site and away from the nearest adjacent property boundaries. A
dimensioned sketch showing location and other parameters and distances
on the plot shall be included with the application, as more particularly
explained therein.
G.
Control barrier.
(1)
The beekeeper must establish a flyaway barrier adjacent to hives
controlling the bee flight path away from the property. This should
be at least six feet tall and extend 15 feet beyond the colony on
each boundary side. It can be solid, vegetative or any combination
of the two that forces the bee's flight path along the property line
at a height of six feet or more.
(2)
A substantial labeled barrier must also be erected of approximately
four feet in height sufficient to restrict access by people or animals
and to warn people and children from coming in close contact with
the hives without supervision. This barrier can be placed inside or
outside the flyway barrier, but in no event shall it be so close to
the hives that they can be readily reached by a person standing nearby,
outside the barrier, and stretching across the same.
H.
Purchasing and keeping of bees and queens; honeybee genetics and
defensive behavior.
(1)
Beekeepers pursuing the purchase and keeping of bees must be
mindful of honey bee genetics and defensive honeybee behavior. Thus,
before the purchase of bee packages or queen bees, whether to start,
replace or maintain colonies, beekeepers must act responsibly to limit
the spread of Africanized (defensive) and any other undesirable bee
genetics. Accordingly, every effort should be made to utilize bees
or queens from northern apiaries to limit the spread of the Africanized
bee genetics. Applicants should include documentation to verify apiary
origin of mated queens and packaged bees, including the seller's contact
information.
(2)
Any colony of honeybees exhibiting defensive or angry behavior
must be re-queened immediately. The beekeeper will make every effort
to minimize colony disruption after the defensive or angry behavior
determination. The beekeeper will also use good practices to minimize/prevent
a defensive colony swarming.
(3)
All existing and new apiaries will meet the required colony
density. All existing and new colonies will be managed to meet the
spirit and intent of these provisions, in the judgement of the Building
Inspector, Village Engineer or Village designee, who retain the authority
to cancel the beekeeping permit if these standards are not met. In
such an event, if in disagreement, the beekeeper shall have 30 days
to appeal said cancellation to the Zoning Board of Appeals.
I.
Water. Each beekeeper shall ensure that a convenient source (within
colony property area and near the hive or hives) of water is available
to the bees in sufficient quantity as a function of number of hives,
specifically at any time during the year when temperatures are regularly
50° F. or higher and the bees are active.
J.
Absence. The beekeeper shall maintain a log on site recording significant
hive activities (such as disease infestation). If the beekeeper does
not reside on the property, or plans to be away, he/she or a knowledgeable
representative shall visit same no less frequently than approximately
weekly during the months of higher bee activity, and approximately
bi-monthly at other times except if specific circumstances necessitate
more frequent attention. The beekeeper shall provide contact information
in case of an emergency. The on-site log shall reflect having met
this regulation, and shall be made available for review by the Village
or any person with authority to inspect the hives.
K.
Use secondary, accessory and incidental to residential use. Irrespective
whether a lot upon which beekeeping is proposed is improved by a dwelling
or not, beekeeping as permitted herein is to be considered secondary,
accessory and incidental to the underlying potential residential use,
as contrasted with a commercial use. Factors to be considered in determining
whether the use is secondary, accessory and incidental, versus commercial,
include the following:
(1)
That processing, bottling, labelling, shipping, or sale on site
shall be limited to the product of the bees on site. Honey produced
off-site shall not be brought on site.
(2)
The hive limits, among other purposes, are intended to limit
on-site production of honey to an amount sufficient to supply the
needs of the beekeeper, family and friends, and an incidental sales,
but not to represent a commercially viable quantity.
(3)
That persons coming on-site to view the beekeeping activity
are primarily limited to family and guests, and shall not include
tours by strangers, such as persons invited by advertisement, nor
shall an admission fee be required for such purpose.
(4)
It is not intended that this use generate significant foot or
vehicular traffic representative of a commercial operation, versus
a personal, accessory, hobby level useage.
(5)
That the site is not advertised as a commercial site accessible
to persons responding to such advertisement.
L.
Inspection. The Village of Airmont, or its designee, and/or the Rockland
County Health Department or the Town of Ramapo Police Department or
any governmental agency with a need relevant to its jurisdiction,
shall have the right to inspect the beehives at any time, with 24
hours' notice if practicable. However, in an emergency, notice shall
be given to the extent practicable in the circumstance in the judgment
of the Village, the Health Department or the Police Department, or
agency. Failure to maintain the colony in a safe and secure manner
can lead to revocation of the permit and/or a shutdown order, including
hive removal at the owner's expense by or on behalf of the Village,
which may be appealed within 30 days to the Zoning Board of Appeals.
