Village of Farmingdale, NY Article XXVII General Provisions

§ 600-202 Reduction of lot area; use of open spaces for more than one building.

No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this chapter. No yard, court or other open space provided for any building for the purpose of complying with the provisions of this chapter shall again be used as a yard, court or other open space for another building.

§ 600-203 Yards on corner lots.

In the case of a corner lot, the yards and areas adjacent to the two street frontages shall be deemed front yards and, except as herein otherwise provided, shall conform to the front yard requirements of the district in which it is situated. The owner shall designate which street is to be considered the front of his lot at the time he files a building application required by this chapter.

§ 600-204 Existing nonconforming lots.

[Amended 1-11-1993 by L.L. No. 1-1993]

Any lot smaller in area than herein required, which was in single and separate ownership from any other adjoining lot at the time of the enactment of this chapter and continuously thereafter, may be improved with buildings which shall comply so far as practicable with the provisions of this chapter.

§ 600-204.1 Prohibited structures and appurtenances. [1]

A. No building or structure commonly known as a "Quonset hut" shall be moved into our erected within any residence or business district in the Village of Farmingdale, nor used as a part of any building or structure within any of said districts.

B. No barrier device shall be installed in front of or behind a door, window or other opening used for the purpose of securing premises by preventing access or blocking passage to the interior of the premises facing or fronting on a public road or highway located within any business zoning district.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-205 Accessory buildings.

In any residence district, no accessory building shall be nearer the front street line than 60 feet and, if on a corner plot, shall not be nearer the side street line than the street wall of the main building. Accessory buildings in residence districts may occupy not more than 40% of the required area of the rear yard and shall not be more than 18 feet in height. No part of such accessory building shall be nearer the rear or side lot lines than three feet, except where such accessory building is built as one unit with an accessory building on an adjoining lot with a party wall between.

§ 600-206 Accessory garages; open projections; yard areas occupied by accessory buildings.

A. Accessory garages in residence districts shall occupy not more than 12% of the area of the lot and shall be at least 10 feet from any residence except when constructed as part of a residence.

B. A one-story open porch or other open projection from a building may extend not more than two feet six inches into the side yard and may occupy not more than 20% of the side yard area.

C. The yard area occupied by an accessory building shall be included in computing the maximum percentage of the lot area which may be built upon in any district.

§ 600-207 Exclusion of certain buildings and structures from height restrictions.

A. The height provisions of this chapter shall not apply to the erection of church spires, belfries or towers designed exclusively for ornamental purposes nor to municipal water tanks or those not exceeding 12 feet in height above the roof on which they are located.

B. Nothing in this chapter shall prevent the erection above the height limit of a parapet wall or cornice extending above such height limit not more than three feet, nor prohibit the projection of a cornice beyond the street wall to an extent not more than two feet.

C. In any district, no flagpole shall be erected that exceeds 20 feet in height. A building permit is required to inspect the footing of any flagpole which exceeds 15 feet.

[Added 7-10-2023 by L.L. No. 2-2023]

§ 600-208 Dwellings to rear of other buildings.

[Amended 6-25-1990 by L.L. No. 1-1990]

No building used for dwelling purposes shall be located in back of or to the rear of buildings on the front of the lot.

§ 600-209 Irregular lots.

[Amended 6-17-2019 by L.L. No. 2-2019]

A. Triangular lots. In the case of a triangular lot where one side of the lot coincides with the street line, the rear lot line shall be considered to be a line parallel to the street line passing through the intersection of the two side lines, if such intersection is less than 200 feet from the center line of the street in front of the property measured as heretofore described. Where the intersection is more than 200 feet from the center line of the street in front of the property, the rear lot line shall be considered to be a line parallel to the street line and 200 feet from it. Where two sides of a triangular lot each front upon a street, the remaining side shall be considered the rear lot line. In such case, no side yard is required.

B. Flag lots.

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

FLAG LOT

An irregularly shaped building lot or parcel which:

(a) Does not have the required length of frontage on a public street;

(b) Is connected to a public street by a narrow strip or projection of land extending from the public right-of-way; and

(c) Is located behind a lot or portion of a lot which has frontage on a public street.

(2) Flag lots prohibited. No flag lots shall be permitted in any zoning district of the Incorporated Village of Farmingdale.

§ 600-210 Parking areas for hotels.

[Amended 12-16-1985 by L.L. No. 7-1985; 1-5-2015 by L.L. No. 2-2015]

There shall be provided on the same plot with every hotel having more than 16 sleeping rooms, a graveled or paved parking area sufficient in size to accommodate one car for each room. Such parking area shall be upon the same plot with the hotel and shall not be leased to the public but shall be for the sole use of the patrons of such hotel and visitors thereto.

§ 600-211 Residential buildings in business or industrial districts.

[Added 4-6-1959]

Any building hereafter erected for residential purposes within a business or industrial district within the Village of Farmingdale, or hereafter converted to residential use within any of such districts, shall, in addition to any other requirements contained in this chapter or in the Building Code[1] of the Village of Farmingdale or statutes or ordinances applicable thereto, comply with the regulations regarding building area, front yards, rear yards, side yards, lot area and height applicable to residential buildings of similar character erected in a Residence C District; provided, however, that if any building shall hereafter be erected or converted for or to a multifamily dwelling in any business or industrial district within the Village of Farmingdale, then the same shall, in addition to any other requirements contained in this chapter or in the Building Code of the Village of Farmingdale or statutes or ordinances applicable thereto, comply with the regulations regarding building area, front yards, rear yards, side yards, lot area and height applicable to residential buildings of similar character erected in a Residence BB District.

[1] Editor's Note: See Ch. 259, Construction Codes, Uniform.

§ 600-212 Supplemental regulations for residence districts.

[Added 5-26-1958; amended 11-1-1965; 6-5-2017 by L.L. No. 9-2017]

A. Boarding, or rooming, houses prohibited.

(1) The Board of Trustees for the Incorporated Village of Farmingdale finds that boarding and rooming houses are directed at a commercial use of property that is inconsistent with the residential character of the neighborhood in the residence districts. The Board finds that it is in the best interest of the Village to preserve the residential character of the residence districts of the Village by the establishment of restrictions on these commercial, transient and institutional uses. In accordance with these findings, boarding, or rooming, houses as defined in this section shall be prohibited in all residence districts of the Incorporated Village of Farmingdale.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

BOARDING HOUSE or ROOMING HOUSE

Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence.

(3) Any group of individuals that could be considered a family pursuant to definition in § 600-7 shall be excluded from the definition of "boarding house" or "rooming house."

B. Roomers prohibited.

(1) The Board of Trustees for the Incorporated Village of Farmingdale finds that the use of single-family homes for the roomers is a commercial use of property that is inconsistent with the residential character of the neighborhood in the residence districts. The Board finds that it is in the best interest of the Village to preserve the residential character of the residence districts of the Village by the establishment of restrictions on this commercial, transient and institutional use. In accordance with these findings, roomers shall be prohibited in all residence districts of the Incorporated Village of Farmingdale in accordance with this section.

(2) No roomers for hire or otherwise shall be permitted in any single-family or two-family dwelling, nor shall any lodging or rooming accommodations for hire or otherwise be furnished therein. A "roomer" shall be defined as any individual who rents a room in any single-family or two-family dwelling in any residence district.

(3) Any individual that could be considered a member of a family pursuant to definition in § 600-7 shall be excluded from the definition of "roomers."

C. Supplemental requirements for bedrooms, bathrooms and kitchens in single-family dwellings.

(1) A bedroom in any single-family dwelling unit shall be no less than 10 feet by 10 feet.

(2) No more than three bathrooms shall be permitted in any single-family dwelling. For purposes of this chapter, any room with a sink, or other wash basin, and toilet or shower (or bath) shall be considered a bathroom.

(3) No more than one kitchen shall be permitted in any single-family dwelling. For purposes of this chapter, any room containing one or more of the following: a range, oven, hot plate, microwave, or other similar device customarily used for cooking or preparation of foods, shall be considered a kitchen.

(4) No sink, or other wash basin, shall be permitted unless used in conjunction with a bathroom or kitchen. Nothing herein shall prohibit the use of a sink in conjunction with wet bar or laundry room.

D. Merger of lots prohibited. The provisions of this section are intended to ensure that development in the residential districts is consistent with the historical and existing pattern of development in the Incorporated Village of Farmingdale. Combining two or more lots is prohibited where the combined, or merged, lots will exceed the minimum lot area or the minimum frontage requirements in the residence district in which the properties to be combined are located. Notwithstanding the foregoing, the combining, or merger, of lots shall also be prohibited where the resulting lot is not compatible with the character of the surrounding neighborhood.

E. Exterior entrances and stairs prohibited. Exterior entrances and exterior stairs to a second floor or to the basement shall be prohibited in a residence district, except that Bilco-style doors and stairs to basements shall be permitted.

F. Maximum ceiling heights in basements. The height in any basement within any residence district in the Incorporated Village of Farmingdale shall be no greater than six feet, 11 inches.

G. Two-family dwellings.

(1) No two-family dwelling may be erected, nor shall any building be altered to a two-family dwelling, within any zoning district of the Village of Farmingdale. Any legal nonconforming, preexisting two-family dwelling shall be governed in accordance with Article III of this chapter.

(2) No legal nonconforming two-family dwelling may be continued in accordance with Article III of this chapter unless:

(a) There are a minimum of four improved parking spaces and/or garage spaces, or combination thereof, for a two-family dwelling; plus one additional space for each additional bedroom in excess of three bedrooms or one additional space for each additional bathroom in excess of three bathrooms, whichever is greater; and

(b) The two-family dwelling is situated on a lot with:

[1] A street frontage of more than 100 feet;

[2] A lot area which exceeds 10,000 square feet; and

[3] Two side yards, one on each side of the main building, extending the full depth of the lot, the combination of which shall be no less than 20 feet in width and with no such side yard being less than eight feet in width; and

(c) The two-family home complies with § 600-212C(1) and (4) and there are no more than four bathrooms and no more than two kitchens.

§ 600-213 Maintenance of required areas and installations.

[Added 12-13-1971]

Whenever under the provisions of this chapter, or as a condition for the issuance or granting of a building permit, certificate of occupancy, special use or variance, an owner or occupant of any land or building, or an applicant for such building permit, certificate of occupancy, special use or variance, is required or has heretofore been required to install off-street drainage, off-street parking or paving, landscaping, screening, recreational areas, fencing, utility areas, garbage collection areas, lighting, water disposal systems or other areas or installations required by this chapter or imposed as a condition for the granting or issuance of any building permit, certificate of occupancy, special use or variance by any Board or officer of the Incorporated Village of Farmingdale or other municipal board or officer having jurisdiction thereof, the owner and occupant of said premises shall maintain all of said areas and installations in a safe, proper, clean and efficient manner and in good repair without permitting the same to deteriorate or to become in disrepair or fail to function in a proper, clean or efficient manner, and the failure of the owner and occupant to maintain such area and/or installation in the manner hereinabove provided shall be a violation of the certificate of occupancy issued to said owner and/or occupant for the building and premises and shall be deemed a violation of this chapter.

§ 600-214 Floor area ratio (FAR).

[Added 12-13-2005 by L.L. No. 2-2005; amended 2-6-2017 by L.L. No. 2-2017; 6-5-2017 by L.L. No. 10-2017]

A. The maximum floor area ratio (FAR) for any dwelling in any residence district of the Village shall not exceed 35% and no dwelling may be in excess of 3,500 square feet.

B. For purposes of this chapter, "floor area" shall be the sum, in square feet, of the areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of a party wall separating two buildings, and including cellar, basement, interior balconies and mezzanines, enclosed porches, garage space, any roof-covered deck or patio and the floor area of accessory buildings; provided that the term shall exclude the floor area of cellar, basement and penthouse areas or portions thereof where a permissible use is designated exclusively for dead storage, off-street parking facilities or utility or other equipment installed for the normal operation and maintenance of such building or buildings.

C. Where the definition of "floor area" in Subsection B shall conflict with other provision of this chapter, the more restrictive provision shall govern.

§ 600-215 Outdoor dining.

[Added 6-7-2011 by L.L. No. 2-2011]

A. Purpose and intent. This section is designed to permit outdoor dining in areas where it is appropriate and to promote and protect the public health, safety and general welfare. The specific purposes of this section are:

(1) To ensure adequate space for pedestrians on the sidewalk adjacent to outdoor dining areas.

(2) To preserve and enhance the character of the neighborhoods where such outdoor dining is permitted in the Village and to protect the adjacent areas.

(3) To promote the most desirable use of land.

B. Permit required; fee.

(1) No outdoor dining shall be allowed unless a permit has first been obtained from the Village Clerk.

(2) The fee for such permit shall be in such amount as is determined from time to time by resolution of the Board of Trustees.

C. Eligible establishments.

(1) Only commercial establishments with a proper certificate of occupancy for a restaurant use, which has heretofore been duly issued by the Village which take orders and maintain table service within their establishments, may take orders and serve food and beverages in such outdoor dining areas.

(2) Other commercial establishments that are not restaurants referred to in Subsection C(1) above, which sell food, may apply for an outdoor dining permit but may not take orders or serve food and beverages at such outdoor dining areas.

(3) Other commercial establishments, with the permission of the Board of Trustees, are eligible.

D. Application for permit.

(1) Any application for outdoor dining shall be made to the Village Clerk in writing on a form prescribed by the Village Clerk's office.

(2) Such application shall contain the following information:

(a) The name, address and telephone number of the applicant.

(b) The name, address and telephone number of the establishment to be the subject of the application and the name, address and telephone number of the owner and/or operator of the establishment or designated responsible representative.

(c) Whether alcoholic beverages are to be served; if so, a copy of the appropriate liquor license issued by the State of New York is to be appended to the application.

(d) A survey of the subject property also indicating the adjacent property which is Village owned.

(e) A plan showing the complete sidewalk area, including trees, receptacles, fire hydrants and all other features with the location of all furniture and fixtures to be used, including a fully dimensioned seating plan and the location of entrances and exits.

(f) Descriptive material showing all furniture and fixtures to be used and how such furniture and fixtures shall be stored or secured during non-operational hours.

(g) A representation that no live or mechanically reproduced music is to be played outside, or a representation that a permit for playing outdoor music has been previously issued or a representation that an application to play outdoor music pursuant to § 375-4A is being made simultaneously with the outdoor dining permit.

[Amended 6-7-2021 by L.L. No. 4-2021]

(h) Any other information that the Village Clerk may find reasonably necessary to determine whether a permit should be issued.

E. Standards for issuance of permit. The following standards shall apply:

(1) The proposed outdoor dining will not interfere with pedestrian traffic or use of the Village-owned portion of the property adjacent to the establishment.

(2) The applicant is in compliance with and has met all other applicable provisions in this chapter and those in the New York Building and Village Zoning Codes.

(3) No live or mechanically reproduced music is to be played outside, unless a permit for playing outdoor music has been issued in accordance with § 375-4A.

[Amended 6-7-2021 by L.L. No. 4-2021]

F. Effect of permit.

(1) The consumption of alcoholic beverages of any and all types and kinds in such outdoor dining areas is prohibited unless served by the licensed premises and accompanied by the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to ensure compliance with this provision.

(2) A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The Board of Trustees may, by resolution, adopt, from time to time, any additional rules and regulations pertaining to such permits. The permit may be conditioned on modifications or restrictions intended to ensure compliance with all applicable rules, regulations, ordinances, local laws and statutes and the general protection of health, safety and welfare.

(3) No other activities of any nature conducted now or hereafter by any commercial establishment, enterprise, business, venture or shop in the Village, otherwise prohibited by all applicable rules, regulations, ordinances, local laws or statutes are changed, amended, suspended or altered in any respect because of this chapter.

(4) Such outdoor dining activities shall be limited to areas directly to the front or rear of each store or merchant's establishment. There shall be a minimum of four feet total sidewalk width clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor dining area to brick work.

G. Liability of permit holder. The person or persons to whom a permit for outdoor dining has been issued shall be liable and shall indemnify the Village for any loss, damage, or injury or expense sustained by the Village arising out of any claim or cause of action instituted or commence by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such outdoor dining area.

H. Insurance. Prior to the issuance of a permit, the applicant for a permit shall present to the Village a certificate of insurance for comprehensive general liability, naming the Incorporated Village of Farmingdale, its agents, representatives, officers, and employees as additional insureds, for combined single limits of no less than $1,000,000 per occurrence and $2,000,000 general aggregate and additional umbrella limits of $1,000,000.

I. Revocation or suspension of permit. The Village Clerk shall have the authority to revoke or suspend a permit, when, in the Clerk's sole discretion, the Clerk finds a violation of any applicable rule, regulation, ordinance, local law or statute, or that a continuation of said permit would constitute a hazard or nuisance, or upon good cause shown.

J. Appeal from denial, revocation or issuance of permit. Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Village of Farmingdale Board of Zoning Appeals by any aggrieved person within 30 days from the date of the issuance, denial or revocation, by filing a written notice of appeal with the Village Clerk.

K. Maintenance of premises. The outdoor dining area and adjacent areas shall be periodically cleaned and kept refuse-free. The outdoor dining area and adjacent areas shall be swept and washed down each night just prior to closing and at other times as needed. Sufficient containers for trash shall be placed in the outdoor dining area.

L. Lighting and outdoor cooking. Lighting shall be minimal and shall be installed so that direct or indirect illumination from the source light shall not cause illumination in excess of 0.5 foot candles on any abutting property. No outdoor cooking of any type is permitted.

M. Furniture fixtures and signage. All furniture and fixtures used in conjunction with outdoor dining must be of a temporary nature, and must be brought in at closing time. No signage shall be permitted to be affixed to any temporary structures unless approved by the Board of Trustees following the recommendation of the Planning Board. All furniture and fixtures shall be approved by the Village Clerk in conformity with guidelines established by the Architectural Design Review Board.

N. Permit; term; renewals.

(1) Permits shall be issued on or after January 1 of each calendar year. All permits, regardless of when issued, shall expire on December 31 of each year.

(2) Applications for renewal of permits shall be made in the same manner as original applications. Permits are not assignable.

O. Severability. If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.

§ 600-216 Massage establishments.

[Added 1-7-2013 by L.L. No. 2-2013]

A. Legislative intent; purpose. The Mayor and the Board of Trustees find it necessary to protect the public from establishments which are unlicensed from performing massages on unsuspecting persons and from establishments operating under the guise of being a massage establishment, when actually engaging in illegal activities and subjecting the public to exposure of unclean, unhealthy and possibly contaminated conditions. These illegal activities have a deleterious effect on the public health, safety and welfare of the Village, its residents and the public at large. It is, therefore, the intent of the Mayor and the Board of Trustees to regulate establishments that perform massages and to eliminate those enterprises which jeopardize the public health, safety, and welfare.

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

MASSAGE

Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body, flesh or musculature with the hands or with the aid of any mechanical electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, lotions, ointments, or other similar preparations, for therapeutic, rehabilitative or relaxation purposes.

MASSAGE ESTABLISHMENT

A fixed place of business where one or more persons engages in or carries on, or permits to be engaged in or carried on, the practice of massage. A business which provides massage services of any kind, in whole or in part, excluding those identified in § 600-216G.

MASSAGE PRACTITIONER

Any individual who engages in the practice of massage.

PERMITTEE

The owner, proprietor, manager, or operator of a massage establishment, outcall massage service, or solo practitioner massage establishment.

PERSON

Any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.

RECOGNIZED SCHOOL FOR MASSAGE

A school or institute of massage therapy with a program registered by the Department of Education of the State of New York, or its substantial equivalent in both subject matter and extent of training, provided that the program in such school or institute shall consist of classroom instruction of a total of not less than 500 hours in subjects satisfactory to the Department of Education and upon completion requires passage of an examination satisfactory to the State Board for Massage Therapy and in accordance with the Commissioner's regulations.

VILLAGE

The Incorporated Village of Farmingdale.

C. Special use permit required. No massage establishment may be open, operate, exist or be occupied without first obtaining a special use permit after a public hearing from the Board of Trustees. A property owner or landlord shall not permit a tenant or subtenant to open or operate a massage establishment within the Village unless a special use permit has been obtained for such massage establishment.

D. License required. No massage establishment may be open, operate, exist or be occupied within the Village, unless a license shall first have been obtained for such establishment from the Village Clerk. A property owner or landlord shall not permit a tenant or subtenant to open or operate a massage establishment within the Village unless a license has been obtained from the Village. The owner of the building where the business is proposed to be located shall be a co-applicant on the license application. Upon change in ownership or change in operation of the massage establishment, a new license shall be required.

E. Parties responsible. The tenant, subtenant, and owner of a building or the permittee shall be required to comply with the regulations set forth in this chapter. The owner of the building or the permittee shall prohibit any tenant, subtenant or other person from operating in violation of this chapter.

F. Supplemental regulations. The following regulations shall be applicable to all massage establishments and massage activities:

(1) The hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

(2) There shall be no outdoor activity associated with the massage activity or establishment.

(3) All refuse, garbage, waste, solid or otherwise, shall be properly disposed of; laundry shall be changed after each massage/client; laundry shall be cleaned on a daily basis during the days the establishment is in operation; all rooms, tables, etc., shall be sanitized daily; and all massage practitioners shall sanitize their hands prior to performing a massage.

(4) All massages shall be therapeutic and health-related. No massages shall be provided which are unlawful, illicit or involve sexual acts or relations or are sexually oriented or explicit, nor shall any advertisements for the premises or massage establishment suggest that such unlawful, illicit or sexual oriented or explicit services are provided (including but not limited to print advertisement and Internet advertisement).

(5) No massage services shall be provided to persons under the age of 18 unless the parent or guardian of said minor is physically present when such services are provided or such parent or guardian has provided written authorization, properly notarized, for such services.

(6) The massage establishment, any massage practitioner working in or any person practicing or providing massage services or any person occupying the establishment shall obtain, and maintain in effect all licenses and permits required by any and all applicable state and local governmental authorities for the provision of massage services, including those required pursuant to Article 155 of the New York State Education Law. Anyone providing massage services shall have a degree demonstrating graduation from a recognized school for massage.

(7) All persons providing massage services shall obtain and keep current photo identification from the New York State Department of Education (DOE), the New York State Department of State (DOS) or other appropriate New York State licensing department establishing that said person is licensed to provide massage services. The current New York State license, registration and photo I.D. shall be posted in a prominent location within the premises establishing that all persons providing massage services are properly licensed and registered. This requirement shall not apply to the extent that a provision of state law (such as Article 155 of the New York State Education Law) exempts a person who provides massage services from the requirement to be licensed and/or registered. Upon request by either a customer or a representative of the Village, the original of such documents shall be produced for inspection. The names and addresses of all persons who are providing massage services, along with copies of their permits and licenses, shall be provided to the Village before any such person may be permitted to provide massage services.

(8) The property owner, landlord or license holder shall provide Village representatives and/or the police access to the premises in order to allow them to ascertain which persons are providing massage services on the premises and to confirm whether such persons are in fact properly licensed and/or registered.

(9) Within five days after receipt of same, the operator of a massage establishment shall provide to the Village copies of any summonses or violations issued with respect to the operation of the massage establishment.

(10) The massage establishment shall not be conducted in a disorderly manner or in a manner that constitutes a public nuisance.

(11) Alcoholic beverages shall not be sold or consumed on any premises where massage services are provided.

(12) The special use permit and license shall be immediately revoked if, subsequent to the issuance of the special use permit or license, any person providing massage services on the premises has been criminally convicted of a charge involving prostitution or illegal drug use or the unauthorized or unlicensed provision of massage services. Under such circumstances no massage activities will be permitted prior to the issuance of a new special use permit and license.

(13) No license or permit shall be issued unless there is evidence of insurance in amounts (and form) which are satisfactory to the Board of Trustees. The Board of Trustees shall set from time to time, by resolution, the required amounts and form of insurance.

G. Exemptions. The following shall be exempt from the requirements of this chapter:

(1) The practice of massage therapy by any person who is authorized to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry by the State of New York or any other state within the United States of America. This exception shall only apply to the person who is so authorized and not one employed by, agent of, or assisting such authorized person.

(2) The practice of facial or neck massage which is customarily given in barber shops or beauty parlors for the purpose of beautification by any licensed barber or beauty culturist.

(3) The practice of massage therapy by any person:

(a) Employed in a medical institution licensed or chartered by the State of New York, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy in conjunction with the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry.

(b) Enrolled in a program of a recognized school or institute of massage therapy, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy in conjunction with the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry.

(c) Employed as a trainer by a professional athletic association, club or team, or as a member of the physical education department of an accredited university, college or high school.

H. Enforcement; penalties for offenses. The building inspector shall be charged with the enforcement of this chapter. Anyone violating this chapter shall, upon conviction, be subject to a fine of up to $2,500 and 15 days' imprisonment or both. Each day that a violation continues shall be deemed a separate offense. Anyone operating a massage establishment, or otherwise providing massage, in violation of the Zoning Code of the Village of Farmingdale, and any owner, tenant, or permittee of the premises where such violations are committed, shall also be subject to the fines and penalties set forth in this section.

I. Conflicts; severability. Wherever the requirements of this chapter are at variance with other articles, sections or chapters of the Code of the Village of Farmingdale, or any other lawfully adopted rule, regulation, local law or other enactment, the most restrictive or that imposing the highest standards shall govern unless a contrary intent is expressly stated. If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged illegal or invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged, and the section, paragraph, clause or provision so adjudged shall be severed and the remainder of this chapter shall remain valid and effective.