Airmont City Zoning Code
ARTICLE III
Use Regulations
§ 210-10 General requirements.
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.
§ 210-11 Scope.
The following sections specify all uses permitted by right as well as all special permit uses and accessory uses.
§ 210-12 Utilization of use regulations.
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.
§ 210-12.1 Residential places of assembly.
[Amended 3-15-2021 by Department of Justice Enforcement Ruling; 2-5-2024 by L.L. No. 2-2024]
A.
Legislative intent. In order to promote individual constitutional rights to 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 assembly as an as-of-right use accessory to a one-family detached residence in any residential district in the Village of Airmont.
B.
Regulations.
(2)
Issues regarding lighting, signage and design shall be reviewed by the Architectural Review Committee pursuant to § 5-10, Article VIII, Signs, § 164-9, Lighting systems, and § 210-87C, Outdoor lighting standards, of the Village Code, in order to ensure that all structures shall be compatible with the character of the surrounding neighborhood.
(3)
The establishment of a residential place of assembly as an accessory use to a one-family detached residence is permitted, provided it is located in a conforming structure on a conforming lot containing a one-family detached residence or part of a new one-family detached residence and is no greater than 1,400 square feet or 30% of the gross floor area of the residence, whichever is less.
(4)
No more than 49 occupants are permitted in the residential place of assembly. This is the maximum occupancy permitted for residential occupancy (Group R) under the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. Occupancy beyond these standards would require construction in accordance with standards for assembly occupancy (Group A). All applications for residential place of assembly must meet the standard of 15 square feet per person as set forth in Table 1004.5 of said New York State Code, which is applicable to unconcentrated assembly without fixed seats.
(5)
In addition to off-street parking required for the residence, additional off-street parking for any residential place of assembly shall be provided at the rate of one parking space per 200 square feet of floor area or one per three seats' capacity, whichever is greater.
(6)
Any single-family residence containing a residential place of assembly shall comply with the area requirements applicable to a single-family residence in the district in which such building or structure is situated. Where an existing residential structure is considered noncomplying to bulk requirements, the use (without enlargement) of a portion of the existing residential structure for a residential place of assembly shall not be deemed to increase the degree of nonconformance nor to create any new non-conformance, provided that where the residential place of assembly is located on a lot noncomplying with the minimum lot area, the maximum size of the residential place of assembly shall be reduced by the same at the same proportion as the lot area noncompliance. By means of example, if a lot of 10,000 square feet is located in a district requiring a 30,000 square feet minimum lot size, the maximum size of the Residential Place of Worship cannot exceed 1/3 of 1,400 square feet.
(7)
Hours of operation. No regularly scheduled assembly shall take place 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.
C.
Application.
(1)
An application for a residential place of assembly as defined by this Code shall be submitted for site plan approval. If the application is complete, the application shall be referred to the CDRC and the Planning Board for review and approval in accordance with Article IX, Site Development Plan Review.
(2)
Such application shall include submission of interior floor plans for the residential place of assembly.
§ 210-12.2 Residential places of worship.
[Amended 2-5-2024 by L.L. No. 2-2024]
A.
Legislative intent. The Board of Trustees 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 protection of the health, safety and welfare of its citizens, the Village Board has established residential places of worship as a use permitted as-of-right as an accessory to a one-family detached residence in any residential zoning district in the Village of Airmont, subject to the requirements of this section. Residential places of worship are not intended to permit commercial uses or schools of public, special or religious instruction. The Board of Trustees further finds that the presence of pedestrians walking to and from religious services at a residential place of worship shall not in and of itself constitute a change in the residential character of the neighborhood.
B.
Regulations.
(1)
Submission requirements. The establishment of a residential place of worship shall be subject to the requirements of Article IX, Site Development Plan Review, and Chapter 164, Site Development Plan Regulations, of the Village Code, except that the following requirements in Chapter 164 are modified with respect to applications for residential places of worship as follows:
(a)
The requirement in § 164-7B(1)(h) that the site plan must show the approximate location of existing structures on adjacent properties within 500 feet of the perimeter of the site is modified to require that the plan show the approximate location of existing structures on adjacent properties within 100 feet of the perimeter of the site.
(b)
The requirement in § 164-7B(1)(s) that the site plan show types of materials proposed to be used on the site shall not be interpreted to require information that is not required for a building permit application.
(c)
The requirement in § 164-7B(2) of a grading, drainage, and utilities plan sheet shall apply only if the application will involve changes to grading, drainage, and/or utilities.
(d)
Sections 164-8 and 164-9 relating to landscaping and lighting systems shall not apply. The requirement in § 164-7B(3) of a landscaping and lighting plan sheet shall not apply. Instead, the site plan shall show how the application complies with applicable § 210-87C, Outdoor lighting standards, of the Village Code.
(e)
The requirement in § 164-7B(4) of profile and detail plan sheets for roads, driveways, and utilities shall not apply unless such information is necessary to obtain a building permit.
(f)
The parking and loading requirements in § 164-10 shall not apply. Only the parking requirements in § 210-12.2B(10) shall apply.
(3)
Use. The establishment of a residential place of worship as an accessory use to a one-family detached residence is permitted, provided it is located in a conforming structure on a conforming lot. Any single-family detached residence containing a residential place of worship shall comply with the bulk requirements applicable to a single-family detached residence in the district in which such building or structure is situated. Where an existing residential structure is considered noncomplying to bulk requirements, the use (without enlargement) of a portion of the existing residential structure for a residential place of worship shall not be deemed to increase the degree of nonconformance nor to create any new non-conformance, provided that the size of such residential place of worship does not exceed the standards set forth in § 210-12.2.2B(5).
(4)
Accessory uses to a residential place of worship.
(a)
No space within a residential place of worship may be rented out for purposes not reasonably related to the practice of religion or for any purposes that would pose a clear and unambiguous risk to the health, safety and general welfare of the community.
(b)
Outdoor areas of the property may be used for any purpose consistent with the residential zoning of the site. Temporary trailers for religious purposes shall be permitted subject to § 210-26.
(c)
Kitchens shall be permitted as part of the area devoted to the residential place of worship for purposes reasonably related to the practice of religion and not for commercial purposes or to support the use of the residence as a catering facility. Requirements for installing commercial kitchen equipment, such as a ventilated hood with a fire suppression system, shall meet all requirements of the State Uniform Fire Code and all other applicable state laws.
(d)
Social rooms and/or baths reasonably related to the practice of religion may be provided as part of the area devoted to the residential place of worship so long as such facilities and functions shall be subordinate in the aggregate to the size and function of the residential place of worship.
(e)
Classrooms for religious instruction may be provided as part of the area devoted to the residential place of worship, but full-time public or private elementary, secondary, or post-secondary schools shall be deemed as separate uses from a residential place of worship and are not a permitted accessory use.
(f)
Accessory uses such as catering facilities, large social halls, gymnasiums and/or indoor recreation facilities are not permitted in a residential place of worship but may be provided in freestanding places of worship.
(5)
Size and occupancy limits.
(a)
The portion of the residence dedicated to a residential place of worship shall not exceed 49% of the gross floor area of the residence. The occupancy of a residential place of worship shall be in accordance with the maximum occupancy permitted for residential occupancy (Group R) under the New York State Uniform Fire Prevention and Building Code and Table 1004.5 of said New York State Code, which shall not exceed the lesser of: (i) 49 persons; or (ii) 15 square feet per person in that portion of the structure utilized as a residential place of worship. Occupancy beyond these standards would require construction in accordance with standards for assembly occupancy (Group A). The standard of 15 square feet per person is set forth in Table 1004.5 of said New York State Code, which is applicable to unconcentrated assembly without fixed seats. Once the occupancy of a residential place of worship exceeds 49 people or the size exceeds 49% of the gross floor area of the residence, the principal use would be categorized as a freestanding place of worship, and all required approvals for such use must be obtained.
(b)
The calculation of 49% of floor area for residential places of worship shall be limited to spaces that are actively used for worship or dedicated to use by worshipers when attending services. This calculation excludes areas ordinarily used by residents of the home and their guests and not used for worship services or by worship service attendees, such as bathrooms, hallways, closets, studies, and offices that are separated from worship spaces.
(6)
Dimensional requirements and visual screening.
(a)
The site plan or building permit application shall demonstrate compliance with all applicable laws, statutes, rules and/or regulations, including, but not limited to the bulk regulations applicable to the underlying zoning district for a one-family detached residence, subject to the applicable provisions of Article XIII of this chapter (Nonconforming Uses, Buildings or Lots). The Planning Board shall waive the minimum side yard and rear yard and maximum development coverage of the underlying zoning district to accommodate off-street parking required by this section to the extent that the applicant can demonstrate compliance with the requirements of § 210-12.2B(7).
(b)
Parking areas must be screened from adjacent residences by landscaping, fencing, or a combination of both and shown on the site plan.
(c)
Setbacks for parking spaces and drives shall be a minimum of eight feet from all property lines to allow for required landscaping and fencing to screen views of parked cars.
(7)
The site plan or building permit shall comply with Article XIV (Stormwater Control) of this chapter to prevent impacts from increased stormwater runoff. All properties less than one acre that require a development coverage waiver under § 210-12.2B(6)(a) shall provide on-site stormwater management for the additional development coverage granted by the Planning Board.
(8)
All required fire safety features at any house of worship, such as panic door hardware, exit lighting, emergency lighting, pull fire alarms, and/or automatic sprinkler systems, shall be governed by New York State Building and Fire Codes, and/or Rockland County Department of Health regulations.
(9)
Hours of operation. No regularly scheduled assembly shall take place 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 12 times per calendar year.
(10)
Parking. All applicable requirements of Article VII, Parking and Loading shall apply, including § 210-47. Parking shall be required as follows:
(a)
In addition to the parking required for the residence to which the residential place of worship is accessory, one parking space for every 60 square feet of sanctuary/assembly space, but no fewer than 10 parking spaces. Hallways, bathrooms, social rooms, classrooms, storage, and/or mikvah/bath space shall not be counted towards the parking requirements except where such ancillary uses are occupied at the same time as the sanctuary/assembly space.
(11)
The plan shall demonstrate compliance with all applicable laws, statutes, rules and/or regulations, including, but not limited to, the New York State Building and Fire Codes, and the bulk regulations applicable to the underlying zoning district, subject to the applicable provisions of Article XIII of this chapter (Nonconforming Uses, Buildings or Lots).
C.
Application process.
(1)
Any residential place of worship that does not involve a parking area for more than 10 vehicles, or a cumulative expansion of existing structures of more than 200 square feet of floor area over a five-year period shall not require site plan approval from the Planning Board and shall obtain a building permit from the Building Inspector. The procedure for review and granting of any necessary waivers shall be through the building permit application process.
(a)
Any such building permit application shall be clearly labeled to inform the Building Inspector that the proposed use is for a residential place of worship and shall receive priority over non-religious applications.
(b)
Any such building permit application shall not be subject to ARC review. However, only a single, externally illuminated building mounted sign of less than 10 square feet shall be permitted.
(c)
The building permit application must meet all zoning requirements and not require a variance from the Zoning Board of Appeals or a waiver under § 210-12.2B(6)(a). If one of these conditions exist, the applicant will undertake the application process outlined under § 210-12.2C(2).
(d)
A six-foot high opaque fence and a single row of the following plants (native to New York only) planted no more than four feet on center shall be installed between any parking area or access driveway and adjacent residence to comply with the screening requirements of this chapter:
(e)
In order for the Building Inspector to determine that the proposed residential place of worship is in compliance with the applicable provisions of the Zoning Code, any building permit application for a residential place of worship shall include a narrative summary providing the anticipated number of members, square footage of the residential and worship spaces, days and hours of services, and number of parking spaces provided. In addition, such application shall include submission of interior floors plans for the residential place of worship.
(f)
In the event that the building permit application is incomplete, the building inspector shall advise the applicant of outstanding materials and/or documentation within 14 days of receipt of the application.
(g)
The Building Inspector shall issue a decision within 31 days of receipt of a complete building permit application for a residential place of worship.
(h)
This subsection shall not apply to non-religious residential places of assembly, which shall be subject to the provisions of this section, including applicable site plan review procedures.
(i)
Notwithstanding any other provision herein, in the event that the proposed internal alterations require any area variances, the applicant shall be referred by the Building Inspector to the Zoning Board of Appeals for same. The time periods prescribed herein will be tolled from the date of referral to the Zoning Board of Appeals to the filing of the decision of the Zoning Board of Appeals with the Village Clerk. Failure of the Zoning Board of Appeals to file its decision with the Village Clerk within 60 days of receipt of a complete variance application shall be deemed to be an approval of the application.
(2)
Any proposed residential place of worship as defined by this Code that involves a parking area for more than 10 vehicles or a cumulative expansion of existing structures of more than 200 square feet of floor area over a five-year period shall submit an application to the Planning Board for Site Plan approval in accordance with all applicable requirements of Article IX, Site Development Plan Review and Chapter 164, Site Development Plan Regulations, of the Village Code. Requirements of Chapter 164 that do not apply to residential places of worship are listed in § 210-12.2B(1). The following review procedures apply:
(a)
Upon submission of an application to the Planning Board for a residential place of worship, the Planning and/or Building Department shall be provided a forty-five-day review period to determine whether the site plan application is complete and ready for consideration. In the event that the Planning and/or Building Department determines that the application is incomplete, within 10 days of the completion of the forty-five-day review period, the Planning and/or Building Department shall provide the applicant with a comprehensive written list of any missing or incomplete information or documentation.
[1]
The initial application must state whether the applicant will be requesting, pursuant to § 210-74A(2), that the Planning Board vary or waive any applicable site plan review provisions or information. The Planning Board shall consider any such request at the first meeting at which the application is heard.
[2]
In order to streamline the application review process, in lieu of the forty-five-day review period set forth herein, an applicant for an accessory residential place of worship may elect at the applicant's discretion, but is not required, to appear before the CDRC for technical review of the application. The applicant may withdraw voluntary submission to the CDRC at any time prior to the CDRC deeming the application complete and ready for consideration by the Planning Board and may elect to proceed solely before the Planning Board. Receipt by the Village of such withdrawal in writing shall trigger the forty-five-day review period set forth herein.
(b)
Upon a determination by either the Planning Board or the CDRC that the application is complete and ready for consideration by the Planning Board, the application shall be placed on the next available Planning Board agenda.
[1]
An application for a residential place of worship shall not be subject to the notice and public hearing requirements otherwise required for site plan review. The Planning Board may, at its discretion, accept and consider public comment on the application.
[2]
The Planning Board shall approve the application, approve it with modifications or deny the application within 62 days of the first meeting at which the application is heard, except that if the application involves an action subject to SEQRA review (Type I or Unlisted Action), the 62 days period will begin to run upon the completion of SEQRA review or the first meeting, whichever is later. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. If the Board does not take action at the expiration of the sixty-two-day period or the time agreed upon by mutual consent, the applicant may submit written notice to the Clerk of the Planning Board that the sixty-two-day period has expired and that further inaction by the Board shall result in a denial by default. At the first meeting held at least 14 days after the Board receives such written notice, the application will be deemed denied, unless the Board approves the completed application, approves it with modifications, or the parties mutually consent to a new date by which the Planning Board must render its decision. If no regularly or specially scheduled meeting is held within 30 days after the Board receives such written notice that the sixty-two-day period has expired, the application shall be deemed denied.
[3]
In reviewing such applications, the Planning Board shall be permitted to impose conditions as authorized under New York State Village Law § 7-725-a, provided that such conditions shall not be inconsistent with laws applicable to religious uses.
§ 210-12.3 Freestanding places of worship.
[Amended 2-5-2024 by L.L. No. 2-2024]
A.
Legislative intent. The Board of Trustees 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 protection of the health, safety and welfare of its citizens, the Village Board has established freestanding places of worship as uses permitted as-of-right or by special permit in any residential district in the Village of Airmont, subject to the requirements of this section of the Zoning Code to allow for larger freestanding buildings that are not an accessory to a one-family detached residence. Freestanding places of worship are not intended to permit commercial uses or schools of public, special or religious instruction. It is further the intent of this section that the presence of pedestrians walking to and from religious services at a freestanding place of worship shall not in and of itself constitute a change in the residential character of the neighborhood.
B.
Regulations.
(1)
Submission requirements.
(a)
The establishment of a freestanding place of worship shall be subject to the requirements of Article IX, Site Development Plan Review in all zoning districts.
(b)
Freestanding places of worship to be located in a structure of less than 10,000 square feet of gross floor area in all residential zoning districts are permitted as-of-right.
(2)
The establishment of a freestanding place of worship shall be subject to the requirements of Chapter 164, Site Development Plan Regulations, of the Village Code except that the following requirements in Chapter 164 are modified with respect to applications for freestanding places of worship as follows:
(a)
The requirement in § 164-7B(1)(h) that the site plan must show the approximate location of existing structures on adjacent properties within 500 feet of the perimeter of the site is modified to require that the plan show the approximate location of existing structures on adjacent properties within 100 feet of the perimeter of the site unless the proposed freestanding place of worship requires a special permit.
(b)
The requirement in § 164-7B(1)(s) that the site plan disclose types of materials proposed to be used on the site shall not be interpreted to require information that is not required for a building permit application or Architectural Review Committee application unless the proposed freestanding place of worship requires a special permit.
(c)
The requirement in § 164-7B(2) of a grading, drainage, and utilities plan sheet shall apply only if the application will involve changes to grading, drainage, and/or utilities.
(d)
Sections 164-8 and 164-9 relating to landscaping and lighting systems shall not apply. The requirement in § 164-7B(3) of a landscaping and lighting plan sheet shall not apply. Instead, the site plan shall show how the application complies with applicable § 210-87C, Outdoor lighting standards, of the Village Code.
[1]
A landscaping plan and lighting plan are required for all proposed freestanding places of worship that require a special permit. The Planning Board shall review and provide comment on such plans.
(4)
Use. The establishment of a freestanding place of worship less than 10,000 square feet as a principal use is permitted as-of-right, provided it is located on a conforming lot. Any freestanding 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. Freestanding places of worship equal to or larger than 10,000 square feet require a special permit from the Planning Board. An existing residential place of worship may convert to a freestanding place of worship.
(5)
Accessory uses to a freestanding place of worship.
(a)
A residence may be an accessory to a freestanding place of worship and shall be subordinate in the aggregate to the size and function of the freestanding place of worship. Parking shall be provided for the accessory residence in accordance with § 210-56A(13).
(b)
Outdoor areas of the property may be used for purposes reasonably related to the practice of religion and that do not pose a clear and unambiguous risk to the health, safety and general welfare of the community. Temporary structures for religious purposes shall be permitted subject to § 210-26.
(c)
Commercial kitchens shall be permitted. Requirements for installing commercial kitchen equipment, such as a ventilated hood with a fire suppression system, shall meet all requirements of the State Uniform Fire Code and all other applicable Rockland County and State laws.
(d)
Baths reasonably related to the practice of religion may be provided.
(e)
Classrooms for religious instruction may be provided, but full-time public or private elementary, secondary, or post-secondary schools shall be deemed as separate use from a freestanding place of worship and are not a permitted accessory use.
(f)
Accessory uses of catering facilities/social halls are permitted subject to the standards set forth in § 210-117.
(g)
Accessory uses of gymnasiums and/or indoor recreation facilities are permitted.
(6)
(7)
Dimensional exemptions, waivers, and visual screening for freestanding house of worships in residential zoning districts.
(a)
The Planning Board shall waive the side yard and rear yard and development coverage of the underlying zoning district to accommodate the parking required by this section to the extent that the applicant can demonstrate compliance with the requirements of § 210-12.3B(7)(b).
(b)
The plan shall comply with Article XIV (Stormwater Control) of this chapter to prevent impacts from increased stormwater runoff. All properties less than one acre that require a development coverage waiver under § 210-12.2B(7)(a) shall provide on-site stormwater management for the additional development coverage granted by the Planning Board.
(c)
Parking areas must be screened by landscaping, fencing, or a combination of both and shown on the site plan. Lots larger than one acre shall require parking spaces and drives to be set back 10 feet from all property lines to allow for required landscaping and fencing to screen views of parked cars. Lots of one acre of less shall provide eight feet.
(8)
All required fire safety features at any house of worship, such as panic door hardware, exit lighting, emergency lighting, pull fire alarms, and/or automatic sprinkler systems, shall be governed by New York State Building and Fire Codes, and/or Rockland County Department of Health regulations.
(9)
Parking. Parking shall be required as follows:
(a)
One parking space for every 60 square feet of sanctuary/assembly space, but no fewer than 10 parking spaces. Hallways, bathrooms, social rooms, classrooms, storage, and/or mikvah/bath space shall not be counted towards the parking requirements except where such ancillary uses are occupied at the same time as the sanctuary/assembly space.
(c)
The reservation of parking areas for future parking lot development may be provided in lieu of the construction of parking spaces. These areas need to be delineated on the site plan and shall not be used or otherwise encroached upon by any permanent structures.
(e)
For a freestanding place of worship proposing an accessory use of catering facilities/social halls, attendance at any services, wedding receptions or other social or religious functions held at the freestanding place of worship shall be limited to the capacity of the freestanding place of worship as determined by the applicable building codes of New York State, as well as the available on-site parking, unless a parking management plan (PMP) is provided. Such events demanding parking in excess of the on-site parking provided shall require a PMP to be submitted for approval by the Planning Board as part of the site plan application establishing a freestanding place of worship, pursuant to the requirements set forth below. The PMP shall be used to address parking demand during the maximum projected attendance at the maximum building capacity, for holy days or other large, planned events for the particular place of worship making the application. Such PMP shall be provided to the Airmont Police Department, the applicable Fire Department and the office of the Airmont Village Clerk. If a PMP is required, the applicant shall address the following:
[1]
Designated off-site parking areas. The applicant shall submit a fully executed written agreement between the applicant and one or more providers of a location for off-site parking;
[2]
The applicant shall indicate implementation of group travel to and from the off-site parking locations by the use of shuttle vehicles;
[3]
The applicant shall use traffic control measures such as the hiring of an off-duty police officer and/or volunteers to facilitate pedestrian flow, as well as on-site and off-site traffic;
[4]
The applicant shall provide a notification process to notify patrons of the community place of worship and others regarding the locations of off-site parking areas to be used; and
[5]
In the event that off-site parking areas are not available to accommodate the full capacity of the community place of worship, methods to limit the number of event attendees to the number of attendees that can be accommodated in the on-site parking area or at any available off-site locations by utilization of a pre-event registration system and distribution of tickets to registered persons that will be submitted upon arrival at the site on the day of the event.
[6]
Existing freestanding places of worship in existence prior to the adoption of this section shall submit a PMP for large events to the Planning Board within one year of adoption.
(10)
The site plan shall demonstrate compliance with all applicable laws, statutes, rules and/or regulations, including, but not limited to, the New York State Building and Fire Codes, and the bulk regulations applicable to the underlying zoning district, subject to the applicable provisions of Article XIII of this chapter (Nonconforming Uses, Buildings or Lots).
(11)
Hours of operation. No regularly scheduled assembly shall take place 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 12 times per calendar year.
(12)
Freestanding places of worship less than 10,000 square feet: freestanding places of worship, as defined by this Code, that will be located in a residential zoning district and are less than 10,000 square feet shall submit an application to the Clerk to the Planning Board for site plan approval in accordance with Article IX, Site Development Plan Review. Such applicants may elect at the applicant's discretion but are not required to appear before the Community Design Review Committee (CDRC) for technical review of the application.
Freestanding places of worship equal or greater than 10,000 square feet: freestanding places of worship, as defined by this Code, that will be located in a residential zoning district and are equal to or greater than 10,000 square feet or will be located in a non-residential zoning district, shall submit an application for site plan and special permit approvals in accordance with Article IX, Site Development Plan Review and Article XI, Special Permit Approval.
§ 210-12.4 Educational institutions with accessory housing.
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.
§ 210-13 Prohibited uses.
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.
§ 210-14 RR-50 Rural Residential District regulations.
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.
(5)
Residential place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6)
Freestanding place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
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.
(21)
Freestanding place of worship equal to or greater than 10,000 square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(22)
[2]Cemeteries on lots adjacent to an established cemetery or place of worship.
[2]
Editor's Note: Former Subsection B(22) and (24), regarding neighborhood places of worship and accessory residential places of assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also renumbered former Subsection B(23) as Subsection B(22).
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.
§ 210-15 R-40 Residential District regulations.
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.
(5)
Residential place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6)
Freestanding place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
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.
(18)
Freestanding place of worship equal to or greater than 10,000 square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
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.
§ 210-16 R-35 Residential District regulations.
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.
(5)
Residential place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6)
Freestanding place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
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.
(18)
Freestanding place of worship equal to or greater than 10,000 square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(19)
[2]Cemeteries on lots adjacent to an established cemetery or place of worship.
[2]
Editor's Note: Former Subsections B(19) and (21), regarding neighborhood places of worship and accessory residential places of assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also renumbered former Subsection B(20) as Subsection B(19).
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.
§ 210-17 R-25 Residential District regulations.
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.
(5)
Residential place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(6)
Freestanding place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
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.
(16)
Freestanding place of worship equal to or greater than 10,000 square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(17)
[2]Cemeteries on lots adjacent to an established cemetery or place of worship.
[2]
Editor's Note: Former Subsections B(17) and (19), regarding neighborhood places of worship and accessory residential places of assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also renumbered former Subsection B(18) as Subsection B(17).
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.
§ 210-18 R-15 Residential District regulations.
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.
(6)
Residential place of assembly.
[Added 2-5-2024 by L.L. No. 2-2024]
(7)
Freestanding place of worship less than 10,000 square feet.
[Added 2-5-2024 by L.L. No. 2-2024]
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.
(15)
Freestanding place of worship equal to or greater than 10,000 square feet.
[Amended 2-5-2024 by L.L. No. 2-2024]
(16)
[2]Cemeteries on lots adjacent to an established cemetery or place of worship.
[2]
Editor's Note: Former Subsections B(16) and (18), regarding neighborhood places of worship and accessory residential places of assembly, were repealed 2-5-2024 by L.L. No. 2-2024. This local law also renumbered former Subsection B(17) as Subsection B(16).
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.
§ 210-19 RSH Specialized Housing Residential District regulations.
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 the following areas in order to assure access to transportation, community and commercial services:
[Amended 10-16-2023 by L.L. No. 6-2023]
(a)
Parcels zoned Village Center (VC) or Neighborhood Shopping (NS) at the time of submission of a rezoning petition to the Village Board;
(b)
Parcels zoned R-35 or RR-50, but only if all the following additional criteria are also met at the time of submission of a rezoning petition to the Village Board:
[1]
The parcel must have at least 200 feet of frontage on a state or county highway; and
[2]
The parcel, or a portion of the parcel, is located within 500 feet walking distance of an existing NS, VC, or PO Zoning District along the existing road network; and
[3]
The parcel, which may consist of one or more contiguous lots owned by a single person or entity at the time of submission of a rezoning petition to the Village Board, must have a lot area equal to or greater than the minimum lot area required for the intended use.
E.
Additional use requirements. A vegetated buffer with a minimum dimension of the respective required setback shall be required 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.
[Amended 10-16-2023 by L.L. No. 6-2023]
§ 210-20 NS Neighborhood Shopping District regulations.
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.
(15)
[1]Outdoor seating accessory to a restaurant, neighborhood restaurant or fast-food restaurant subject to Article XII, § 210-115.
[1]
Editor's Note: Former Subsection C(15), regarding neighborhood places of worship, was repealed 2-5-2024 by L.L. No. 2-2024. This local law also renumbered former Subsection C(16) as Subsection C(16).
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.
§ 210-21 VC Village Center District regulations.
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.
(19)
[1]Outdoor seating accessory to a restaurant, neighborhood restaurant or fast-food restaurant subject to Article XII, § 210-115.
[1]
Editor's Note: Former Subsection C(19), regarding neighborhood places of worship, was repealed 2-5-2024 by L.L. No. 2-2024. This local law also renumbered former Subsection C(20) as Subsection C(19).
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.
§ 210-22 PO Professional Office District regulations.
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.
§ 210-23 LO Laboratory-Office District regulations.
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.
§ 210-24 PI Planned Industry District regulations.
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.
§ 210-25 (Reserved) [1]
[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.
§ 210-26 Temporary structures.
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.
§ 210-26.1 Beekeeping.
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.