Village of Haverstraw, NY Article I General Provisions

§ 245-1 Purpose.

This Zoning Chapter is adopted pursuant to the Village Law of the State of New York to promote and protect public health, safety and general welfare; to guide and regulate the orderly growth, development and redevelopment of the Village of Haverstraw based on a comprehensive plan with long-term objectives, principles and standards beneficial to the interests and welfare of the people; to protect the established character and social and economic well-being of both private and public property; to promote, in the public interest, the utilization of land for the purposes for which it is most desirable and best adapted; to secure safety from fire and other dangers to provide adequate light, air and convenience of access; to prevent overcrowding of the land and excessive density of population; to minimize and, where possible, prevent traffic congestion on public streets and highways; to conserve the value of buildings and enhance the value of land throughout the Village in furtherance of the Village of Haverstraw Master Plan as adopted by the Village of Haverstraw Planning Board.

§ 245-2 Enacting clause; short title.

The Board of Trustees of the Village of Haverstraw, Rockland County, New York, pursuant to the authority vested by law, hereby adopts and enacts this Proposed Revised Zoning, Chapter 245, as a comprehensive amendment of the ordinance known as the "Zoning Ordinance of the Village of Haverstraw," adopted May 27, 1963, and readopted as amended May 17, 1972, and all subsequent amendments thereto. This chapter shall be known and may be cited as the "Zoning Ordinance of the Village of Haverstraw."

§ 245-3 Word usage and definitions.

For the purpose of this chapter, certain abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

A. Word usage.

(1) Construction of text. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural, and words used in the plural number include the singular; in the terms "referred to herein," "specified herein" and "included herein," the word "herein" means "in this chapter"; the word "regulations" means "the regulations of this chapter"; and "this chapter" shall mean "this chapter and the map included herein as enacted or subsequently amended."[1]

[1] Editor's Note: Former Subsection A(2), defining "person," which immediately followed this subsection, was deleted 8-11-1997 by L.L. No. 4-1997.

(2) "Shall" is always mandatory.

(3) A "building" or "structure" includes any part thereof.

(4) "Used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

(5) "Board of Trustees," "Zoning Board of Appeals," "Planning Board" "Architectural Review Board" and "Code Enforcement Officer" are, respectively, the Board of Trustees, the Zoning Board of Appeals, the Planning Board, the Architectural Review Board and the Code Enforcement Officer of the Village.

B. Definitions.

ACCESSORY BUILDING

A building, such as a stable, shed, garage, playhouse, barn, tent or greenhouse, which is subordinate and accessory to a principal building on the same lot.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ADULT BOOKSTORE

A person, establishment or business, whether retail or wholesale, having more than a minimal portion of its stock-in-trade in recordings, books, magazines, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas. For purposes of this definition, "minimal portion" means 10% of the gross sales or receipts for any calendar year.

ADULT ENTERTAINMENT CABARET

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT USES

Any activity covered by the definition for adult bookstore, adult motion-picture theater, adult entertainment cabaret, adult motel and massage establishment.

ADULT FAMILY STUDENT HOUSING

Housing designated to be used only for adult students, adult faculty, spouses or spousal equivalents of the adult students or adult faculty, and minor children of the adult students or adult faculty while the adult student is pursuing a full-time post-secondary education at an educational institution, or the adult faculty is employed full-time by the educational institution. "Adult" is defined as a person who has reached the age of majority.

[Added 10-2-2017 by L.L. No. 5-2017]

ADULT MOTEL

A motel which is open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would be open to the public generally, but would exclude any minor by reason of age.

ADULT MOTION-PICTURE THEATER

An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

ADULT-USE CANNABIS RETAIL DISPENSARY

An establishment for the acquisition, sale and delivery of cannabis to consumers in compliance with an Adult-use Retail Dispensary License duly licensed by the New York State Cannabis Control Board (CCB). An adult-use retail cannabis dispensary shall not include consumption of cannabis on-site, irrespective of the issuance of an adult-use on-site consumption license by the CCB. Where permitted under CCB licensure, an adult-use cannabis retail dispensary may also sell paraphernalia equipment and supplies intended to assist in the consumption of cannabis.

[Added 12-19-2022 by L.L. No. 5-2022]

AFFORDABLE HOUSING UNITS (AFFORDABLE HOUSING)

Residential dwelling units which are limited by deed restriction or some other legal mechanism to occupancy by persons or families meeting income restrictions established by Article XI of this chapter.

[Added 7-19-2021 by L.L. No. 5-2021]

AFFORDABLE PURCHASE UNIT (AFFORDABLE HOUSING)

An affordable housing unit held in fee-simple, attached or detached residential units, condominium or cooperative ownership by a qualified family and which is available for an annual housing cost including common charges, principal, interest, taxes and insurance (PITI) that does not exceed 33% of the maximum income.

[Added 7-19-2021 by L.L. No. 5-2021]

AFFORDABLE RENTAL UNIT (AFFORDABLE HOUSING)

A leased affordable housing unit that is affordable to a qualified family and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of the maximum income.

[Added 7-19-2021 by L.L. No. 5-2021]

AGRICULTURE

Includes the cultivation of the soil for food products or other useful or valuable growths of the field or garden, tillage or husbandry, but shall not include dairying, raising of livestock, fowl or birds where the same is carried on as a business or gainful operation.

ALTERATION

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

AREA, BUILDING

The total of areas taken on a horizontal plane at main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

AUTOMOTIVE AND MACHINERY REPAIR SHOPS

A building used for the repair of motor vehicles or machinery; such repair shall be wholly within a completely enclosed building. For the purpose of this chapter, wholesale and retail tire and related products sales business which include installation upon vehicles or the wheels thereof shall be considered automotive and machinery repair shops, as herein classified.

AUTOMOTIVE BODY REPAIR AND/OR RESTORATION AND/OR PAINT SHOP

A building, hereinafter referred to variously as "body shop" or "paint shop," used for the repair or restoration of automobiles and other motor vehicles, including but not restricted to repair or restoration of the exterior sheet metal, fiberglass or any other automotive exterior material, and/or the painting or other application of preservative and/or decorative finishes thereto, and also buildings used for the repair or replacement of automotive and/or vehicular upholstery, convertible tops, vinyl roof coverings and analogous uses.

AUTOMOTIVE SERVICE/GASOLINE STATION

Any area of land, including structures thereon, that is used for the sale of gasoline, or any other motor-vehicle fuel, and oil and other lubrication substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, except painting or major repairs.

BASEMENT

A portion of a building that is partly underground which has more than 1/2 its interior height, measured from floor to finished ceiling, above the average finished grade of the ground adjoining the building, and shall be counted as a story in determining the number of stories of the building when the ceiling is six feet or more above the average finished grade.

BED AND BREAKFAST HOME

An owner-occupied dwelling designed, used and occupied as a single-family residence, managed by the property owner, where overnight lodging is provided to transient visitors in one to four guest bedrooms, up to a maximum of eight guests, for compensation. Breakfast is the only meal served and is included in the charge for the room. This term does not include boardinghouses, motels, hotels, tourist courts, motor lodges, tourist cabins, or similar terms.

[Added 1-21-2003 by L.L. No. 1-2003]

BUFFER AREA

Open and unobstructed ground area of the plot, in addition to any required yards or road widenings around the perimeter of any plot, where required. Parking is prohibited in a buffer area.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

BUILDING, COMPLETELY ENCLOSED

A building separated on all sides from adjacent open space or from other buildings by fixed exterior walls or party walls, pierced only by windows and entrance or exit doors and covered by a permanent roof.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.

[Added 7-19-2021 by L.L. No. 11-2021]

BUILDING PERMIT

The permission granted on behalf of the Village for a person to undertake certain activity, construction or work in relation to a lot, land, building or structure.

[Added 8-11-1997 by L.L. No. 4-1997]

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

[Added 8-11-1997 by L.L. No. 4-1997]

BULK

The size and shape of building and nonbuilding uses, and the physical relationship of their exterior walls or their location to lot lines and other buildings or other walls of the same building, and all open space required in connection with a building. Bulk regulations include regulations dealing with floor-area ratio, lot area, lot area per dwelling unit, lot frontage, lot width, height, required yards, courts, usable open space, spacing between buildings on a single lot and the length of buildings in a row.

BULK, NONCOMPLYING

That part of a building or nonbuilding use which does not conform to one or more of the applicable bulk requirements of this chapter, either on its effective date or as a result of subsequent amendments thereof.

BUSINESS

Any person, firm, association, partnership, corporation or other entity for profit.

CANNABIS AND TOBACCO PARAPHERNALIA SHOP

A person, establishment or business, whether retail or wholesale, having more than a minimal portion of its sales or stock-in-trade in paraphernalia intended to assist in the smoking, burning and/or inhalation of cannabis, tobacco, shisha or other plants or plant products. Such paraphernalia shall include but not be limited to pipes, water pipes and hookahs. An adult-use cannabis retail dispensary engaged in the accessory sales of paraphernalia shall not be considered a paraphernalia shop. Generally, the advertisement, window display, or reference to the availability of such paraphernalia in signage, television, print or online media shall be prima facie evidence of the intent to engage in a significant trade exceeding the threshold to be classified as a cannabis and tobacco paraphernalia shop.

[Added 12-19-2022 by L.L. No. 5-2022]

CELLAR

A portion of a building having more than 1/2 of its interior height below the average of the adjoining ground.

CERTIFICATE OF OCCUPANCY

Official certification that a premises conforms to provisions of this chapter and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued, a structure cannot be occupied.

[Added 8-11-1997 by L.L. No. 4-1997]

CLUB

Any organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, provided that the conduct of any vending stands, merchandising or commercial activities is solely for the membership and purposes of such club.

CLUB SWIMMING POOL

An artificial facility for swimming operated for members and their guests.

COMMERCIAL SWIMMING POOL

An artificial facility for swimming operated for gain or in conjunction with any commercial enterprise, and open to the public.

CORRIDOR-RETROFIT MIXED-USE OR COMMERCIAL BUILDING

A building that is designed to adhere to design criteria that increase pedestrian safety and improve appearance along a state highway and make the state highway more compatible with residential occupancy as well as a range of additional uses.

[Added 7-19-2021 by L.L. No. 4-2021]

COURT

An unobstructed open area bounded on three or more sides by the walls of a building or buildings. It does not include any such area with no windows opening upon it except windows on a stairway. An "outer court" extends to a street or yard; an "inner court" does not.

DAY-CARE CENTER, CHILD

Where an applicant and required number of assistants provide care for seven or more children, depending on age, in accordance with a strict staff/child ratio, for more than three hours a day but less than 24 hours a day. Centers may be established as the sole use in an individual building or as an accessory use in a church, school or other building and run by an individual, association, corporation or institution. Day-care centers must be licensed by the New York State Department of Social Services.

DENSITY, RESIDENTIAL

The density of population in a district, measured by the number of families per acre.

DEVELOPMENT COVERAGE

The percentage of the area of a lot covered by buildings, indoor and outdoor parking areas, accessory structures and any impervious materials, including natural impervious areas.

DORMITORY

A structure specifically designed for the purpose of providing rooms for sleeping purposes by students, staff or faculty on a nontransient basis. The structure may also provide common bathroom, kitchen, dining, laundry, lounge and recreational facilities.

[Added 10-2-2017 by L.L. No. 5-2017]

DUMP

A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DUSTLESS SURFACE

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

DWELLING

See "residence."

DWELLING UNIT

A building, or part thereof, containing complete housekeeping facilities for one family.

EDUCATIONAL INSTITUTION

Any school of general or special instruction, as defined in this section, either public or private, offering courses in general, technical, or religious education, and conducting a full-time curriculum of instruction a minimum of five days per week for seven months per year.

[Added 10-2-2017 by L.L. No. 5-2017]

FAMILY

(1) One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate building or dwelling unit in a family-like living arrangement, as the functional and factual equivalent of a natural family, and use all rooms and housekeeping facilities in common.

(2) Any such number of persons shall not be deemed to constitute a "family" if:

(a) Any one of such persons may not have lawful access to all parts of the separate building or dwelling unit; or

(b) If any one or more of such persons lease or rent any separate portion of such separate building or dwelling unit from any other person.

(3) It shall be presumed that a separate building or dwelling unit is occupied by more than one family if any two or more of the following features may be found to exist by the Code Enforcement Officer (or other person designated by the Mayor and Board of Trustees to enforce this Zoning Ordinance): more than one mail box, mail slot or post office address; more than one doorbell or doorway on the same side of the separate building or dwelling unit; more than one electric meter; more than one gas meter; more than one connecting line for cable television; separate entrances for segregated portions of the separate building or dwelling unit; partitions or locked internal doors barring access between segregated portions of the separate building or dwelling unit, including bedrooms; separate written or oral leases or rental agreements or the payment of rent for portions of the separate building or dwelling unit among its owner and residents; or two or more kitchens, each of which contains a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Code Enforcement Officer (or other person designated by the Mayor and Board of Trustees to enforce this Zoning Chapter) by the owner or resident of the separate building or dwelling unit that it is occupied by one family (all as defined in this section). The presumption provided for in this subsection shall be rebuttable. Such presumption shall not preclude the Code Enforcement Officer (or any other person designated by the Mayor and Board of Trustees for enforcement of this Zoning Chapter) from making a determination that the separate building or dwelling unit is not occupied by one family based on other facts, whether or not listed in this subsection.

(4) The Code Enforcement Officer or agent thereof (or other person designated by the Mayor and Board of Trustees to enforce this Zoning Chapter) shall make the primary determination as to the application of this definition of "family" for the purposes of compliance with any provisions of this Zoning Chapter and the New York State Uniform Fire Prevention and Building Code, based upon his or her inspection of the premises, any information he or she may receive from the residents thereof or any other persons, or documentary or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, in consultation with the Village Attorney, and his or her determination shall be presumed to be correct and final, subject to review of or appeal to the Zoning Board of Appeals and judicial review as provided by law.

FAMILY-CARE AND GROUP-CARE FACILITY

A use providing room and board and services or facilities to individuals who, by reason of mental or physical disability, require specialized attention and care.

FARM

Any parcel of land containing at least 10 acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and animal kennels.

FENCE, SOLID

A fence which is so constructed as not to contain openings which can be seen through.

FLOATING DISTRICT

A zoning district that is unmapped until a petition is submitted and reviewed by the Village Board of the Village of Haverstraw to determine that it meets relevant criteria; and upon approval is mapped on the Village's Official Zoning map.

[Added 7-19-2021 by L.L. No. 10-2021]

FLOOR AREA, HABITABLE

Rooms occupied by one or more persons for living, eating and/or sleeping, but does not include attached or built-in garages, open porches or terraces, rooms below grade or cellars. On the first floor, it shall be construed to mean all finished floor area having a clear headroom of 71/2 feet or over, including stairwells; on the second floor, all finished or unfinished floor area having a clear headroom of 71/2 feet or over, for a minimum horizontal measurement of six feet, with sidewalls not less than 51/2 feet in height.

FLOOR AREA OF A BUILDING

The sum of the gross horizontal area of the several floors of a building or part of a building and its accessory buildings or parts thereof on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, NET INTERIOR

The sum of the gross horizontal area of the several floors of a building or buildings on a lot or site that are enclosed from the weather, and generally heated in winter and/or cooled in the summer. Areas with retractable walls, windows and roofs that are intended for use year-round, heated and cooled for part of the year and opened to the elements seasonally or occasionally, shall be included. Parking structures shall not be included regardless of whether such areas are heated or cooled.

[Added 7-19-2021 by L.L. No. 10-2021]

FUNERAL HOME

A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

GARAGE, PRIVATE

A building used for the storage of motor vehicles owned and used by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot.

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

[Added 7-19-2021 by L.L. No. 11-2021]

GRADE, ESTABLISHED

The elevation of the center line of the street as officially established.

GRADE, FINISHED

The completed surfaces of lawns, walks, curbs, roads and parking areas brought to grade as shown on official plans or designs relating thereto.

GROCERY STORE

Any retail establishment offering for sale a combination of commonly sold pre-package food products, ready-to-eat food products, fresh grown products, fresh meat and fish, household items, sundries, magazines, newspaper products, tobacco products and similar goods not for immediate consumption, but characterized by use in the home or off-site and having a gross floor area of more than 5,000 square feet. A grocery store includes what is commonly referred to as a "supermarket."

[Added 11-24-2003 by L.L. No. 6-2003]

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.

[Added 7-19-2021 by L.L. No. 11-2021]

HAVERSTRAW ADJUSTMENT FACTOR (AFFORDABLE HOUSING)

The ratio expressed as a percentage between the most current estimate of Village of Haverstraw median household income as reported by the American Community Survey, Decennial Census, or other similar US Census Bureau product, whichever is most current, and the equivalent year HUD Rockland Median Family Income.

[Added 7-19-2021 by L.L. No. 5-2021]

HEIGHT OF A BUILDING

The vertical distance from the average elevation of the proposed finished grade along the wall of a building or structure to the highest point of the roof, for a flat roof, and to the mean height between the eaves and ridge, for a gable, hip or gambrel roof, of such building or structure.

HOME OCCUPATION

An occupation or other profession, not otherwise permitted in the district, which is carried on as an accessory use on a residential lot by one or more members of the family residing on the premises. In particular, a home occupation includes but is not limited to an art studio; dressmaking; teacher, with music or dance instruction limited to a single pupil at a time; contractor's office; or professional office or studio of a physician, dentist, author, artist, musician, beautician, lawyer, engineer, architect, realtor or accountant.

HOSPITAL

An establishment for temporary occupation by the sick or injured for the purpose of medical treatment, and does not include an establishment for permanent occupation by the poor, infirm, incurable or mentally ill.

HOTEL

A building used primarily to provide sleeping accommodations for the transient public, in which more than six rooms are available for hire.

HOUSEHOLD PET

A domesticated animal, including but not limited to a dog, cat, bird, rodent, rabbit, ferret, or aquarium-kept fish, reptile, amphibian or insect, which is traditionally kept in the home for companionship or pleasure rather than for utility or commercial purposes. This term specifically excludes wild animals and animals raised for food (livestock).

[Added 12-19-2016 by L.L. No. 1-2017]

HUD ROCKLAND MEDIAN FAMILY INCOME (AFFORDABLE HOUSING)

Median Family Income for Rockland County as published annually by the United States Department of Housing and Urban Development (HUD).

[Added 7-19-2021 by L.L. No. 5-2021]

JUNKYARD

An area of land, with or without buildings, used for or occupied by the storage of used or discarded materials such as wastepaper, rags or scrap metal, building materials, house furnishings, machinery and vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit, existence or storage on a lot of two or more wrecked or broken-down vehicles, or parts of two or more such vehicles, for one month or more in an R District or for three months or more in any other district shall be deemed a "junkyard."

LABORATORY, RESEARCH, EXPERIMENTAL AND TESTING

A building or buildings for experimentation in pure or applied scientific or engineering design, the development of prototype machines or devices or of new products and processing and fabricating incidental thereto and customary accessory uses necessary thereto, provided that materials or finished products shall not be manufactured, processed, fabricated or assembled on the premises primarily for wholesale or retail sale, except as a pilot operation and conducted as a corollary to such experimentation and research, and further provided that no commercial servicing or repair of commercial products shall be performed, and further provided that there shall be no display of any materials or products for sale, other than models or samples directly related to such research or development.

LAUNDERETTE OR LAUNDROMAT

Business premises equipped with individual clothes-washing and dry-cleaning machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multiple dwelling.

LINE, STREET

The dividing line between the street and the lot.

LIVE/WORK UNITS

A single demised premises that serves as both the primary dwelling and the primary place of business of the leaseholder and which in addition to other commercial undertaking must be used for showcasing, advertising or purveying goods and services to clients on site as would be done in a storefront space or business office.

[Added 7-19-2021 by L.L. No. 10-2021]

LOT

One or more contiguous parcels of land under single ownership or control, designated by its owner, at the time of filing an application for a building permit, as a tract to be used, developed or built upon as a unit. It may or may not coincide with the deed developed thereof or the boundaries of the same as shown on a map thereof filed for record or otherwise.

LOT AREA

The total horizontal area included within the lot lines.

LOT, CORNER

A lot whose lot lines have an interior angle of less than 135° at the intersection of two street lines.

LOT COVERAGE

The percentage of the lot area that is occupied at the ground area of a building and its accessory buildings, if any.

LOT FRONTAGE

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

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

A boundary line of a lot.

LOT LINE, FRONT

The line of a street on which a lot fronts or abuts.

LOT LINE, REAR

A lot line, other than another front lot line on another street, which is the farthest lot line from the street. (Where there is any question, the Code Enforcement Officer shall designate the rear lot line.)

LOT LINE, SIDE

Any lot line not a front line or a rear lot line, including a lot line of an offset portion of a lot.

LOT, THROUGH

An interior lot extending from one street to another.

LOT WIDTH

The distance between side lot lines measured along a line (parallel to a line connecting the end points of the front line) drawn at the required front setback line.

MANUFACTURING

Any process whereby the nature, size or shape of articles is changed, or where articles are assembled or packaged in quantity.

MARKET RATE UNITS (AFFORDABLE HOUSING)

Residential dwelling units which are not affordable housing units and which are available for lease or purchase at market rate prices, without governmental or other subsidy.

[Added 7-19-2021 by L.L. No. 5-2021]

MASSAGE

A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York, or barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facility and facilities for the welfare of the residents of the area.

MASSAGE TECHNICIAN

Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health care practitioner duly licensed by the State of New York.

MASTER PLAN

The Village Master Plan of the Village of Haverstraw as adopted by the Village Planning Board.

MAXIMUM AFFORDABLE INCOME (AFFORDABLE HOUSING)

The maximum household income to be eligible for a given affordable retental unit or affordable purchase unit in the Village of Haverstraw pursuant to § 245-53 of this chapter.

[Added 7-19-2021 by L.L. No. 5-2021]

MOTEL

A building or a group of buildings, whether detached or in connected units, designed as individual living and sleeping quarters with individual entrances for hire primarily by transient motor vehicle travelers.

MULTIPLE RESIDENCE

A dwelling which is either rented, leased, let or hired out, to be occupied or which is occupied as the temporary or permanent residence or home of three or more families living independently of each other.

NURSERY SCHOOL

A school accredited by the New York State Department of Education, designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis.

NURSING HOME

A building, other than a hospital, existing under New York State regulation pertinent as to the type of facility and provision of care, designed for occupancy by not fewer than 30 residents or patients, where persons, except mentally ill, drug-addicted or alcoholic patients, are lodged and furnished with meals and nursing care.

OFFICIAL MAP

The adopted Official Map of the Village of Haverstraw of Rockland County, pursuant to § 7-724 of the Village Law.

[Amended 8-11-1997 by L.L. No. 4-1997]

PARKING SPACE

One off-street parking space of not less than 200 square feet, with a width of at least 10 feet, available for the parking of one motor vehicle, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PERSON

Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.

PET DAY-CARE SERVICE

A commercial establishment where household pets are temporarily boarded for remuneration. Pet day-care service is distinguished from a kennel in that with pet day-care services pets are typically boarded for the day, and overnight boarding is only available on a limited basis. The establishment may offer accessory services, such as retail sales of pet care supplies, and services such as animal grooming.

[Added 12-19-2016 by L.L. No. 1-2017]

PLACE OF GENERAL ASSEMBLY

A structure or portion thereof devoted to an assembly hall and ancillary rooms (kitchen, office, etc.) used for meetings or gatherings of organizations for social purposes.

[Added 10-2-2017 by L.L. No. 5-2017]

PLACE OF WORSHIP

A building or structure used by a religious organization for regular organized religious assembly.

[Added 10-2-2017 by L.L. No. 5-2017]

POLITICAL EVENT

Any scheduled event involving a nomination, primary, or election for public office, or a referendum.

[Added 9-8-2009 by L.L. No. 3-2010]

PREMISES

Land and all buildings and structures thereon.

PRI SITE

The parcel or assemblage of parcels proposed and/or approved for Planned Redevelopment Incentive Floating District site that is to be developed subject to a common master development plan.

[Added 7-19-2021 by L.L. No. 10-2021]

PROFESSIONAL OFFICE

The room or rooms in which are performed:

(1) The clerical functions of a trade, institution, business or government.

(2) The practice of a learned profession, such as law, medicine and dentistry.

PUBLIC UTILITY STRUCTURES AND RIGHTS-OF-WAY

Poles, lines and towers used as part of a system for the transmission of electricity, telephone messages, telegraph messages, television pictures, gas, water and similar services and substances.

PURCHASE HOUSING

Dwelling held in fee-simple, attached or detached residential units, condominium or cooperative ownership by the resident thereof.

[Added 7-19-2021 by L.L. No. 5-2021]

QUALIFIED FAMILY (AFFORDABLE HOUSING)

An individual, family or nonfamily household whose collective annual adjusted gross income(s) do(es) not exceed the maximum income to be eligible to occupy a particular affordable purchase unit or affordable rental unit pursuant to the provisions of this chapter.

[Added 7-19-2021 by L.L. No. 5-2021]

R DISTRICT

An R-1, R-1C, R-1T, R-2, R-3 or PRD Residential District in the Village, or a corresponding district in an adjoining municipality.

REHABILITATION PLAN

A plan for the restoration and reuse of a parcel of land in order that any dangerous or unsightly conditions created thereto shall be remedied, and which has the signed approval of the Planning Board.

RENTAL HOUSING

Dwelling units which are leased or rented for residency by the tenant thereof.

[Added 7-19-2021 by L.L. No. 5-2021]

RESIDENCE

A building or part thereof which contains one or more dwelling units for permanent occupancy.

RESIDENCE, MULTIFAMILY

See "multiple residence."

RESIDENCE, SINGLE-FAMILY

A building on a lot occupied for residential purposes by one dwelling unit only.

RESIDENCE, SINGLE-FAMILY ATTACHED

A one-family house having a party wall on both side lot lines.

RESIDENCE, SINGLE-FAMILY SEMIATTACHED

A one-family house having one party wall and one side yard.

RESIDENCE, TWO-FAMILY

A detached building having two side yards and designed for or occupied exclusively by two families or two single-family attached residences.

RESIDENTIAL CHARACTER OF AREA

The type and density of residences existing within a neighborhood and their relation to each other and the surrounding open space.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.

[Added 7-19-2021 by L.L. No. 11-2021]

SCHOOL OF GENERAL INSTRUCTION

Any public or private elementary, junior high, high school, college, university or postgraduate school offering courses in general instruction at least five days per week and seven months per year and accredited by the New York State Department of Education, as well as seminaries and other schools of religious vocational training.

[Amended 10-2-2017 by L.L. No. 5-2017]

SCHOOL OF SPECIAL INSTRUCTION

A school for the teaching of technical skills, trades, arts or special education skills, and accredited by the New York State Department of Education.

SCREEN OR SCREENING

(1) Either:

(a) A strip, at least 10 feet wide, densely planted or having equivalent natural growth, with shrubs or trees at least four feet high at the time of planting of a type that will form a year-round dense screen at least six feet high within three years; or

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

(2) Either (1)(a) or (b) above shall be maintained in good condition at all times and may have normal entrances and exits but shall have no signs affixed to or hung in relation to the outside thereof, except small directional signs as permitted herein. Said screen shall be a protection to adjoining or nearby properties.

SETBACK

Of a building or structure, or of a story thereof from a particular lot line, the horizontal distance from such lot line to the part of the building or of the story, respectively, which is nearest to such lot line, which shall be deemed to be the distance that such building or story is "set back" or that it "sits back" from such lot line.

SEXUAL ACTIVITIES

Any act of masturbation, fellatio, sadomasochism, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.

SIGN

Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, flag, insignia, device or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A sign includes a billboard and a neon tube, a string of lights or a similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

SIGN, ADVERTISING

A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the same lot where such sign is displayed.

SIGN AREA

The area within the shortest line that can be drawn around the outside perimeter of a sign, including all decoration, but excluding supports, if any, unless the same are illuminated. (See "sign, directly illuminated.")

SIGN, BUSINESS

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the same lot where such sign is displayed. A "for sale" or "to let" sign related to the lot on which it is displayed shall be deemed a "business sign."

SIGN, DIRECTIONAL

A sign with sign area of not over two square feet, indicating the direction or route to an establishment.

SIGN, DIRECTLY ILLUMINATED

In computing sign area, the area of all faces of a sign shall be counted, and any neon tube, string of incandescent lights or similar device outlining any part of a building or hung upon any part of a building or lot shall be deemed to have a minimum dimension of one foot.

SITE PLAN

A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth herein, depicting the arrangement, layout or design of the proposed use of a parcel or parcels of land as shown on said plan. A site plan must be prepared by a licensed engineer, a licensed architect or a licensed land surveyor.

[Added 8-11-1997 by L.L. No. 4-1997]

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

[Added 7-19-2021 by L.L. No. 11-2021]

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels, solar heat collectors and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system and extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2 or Tier 3 solar energy system as follows:

[Added 7-19-2021 by L.L. No. 11-2021]

(1) Tier 1 solar energy systems are roof-mounted solar energy systems, building-integrated solar energy systems and solar heat collector devices.

(2) Tier 2 solar energy systems are ground-mounted solar energy systems with system capacity up to 25 kW AC and generate no more than 110% of the electricity consumed on site over the previous 12 months.

(3) Tier 3 solar energy systems are systems that are not Tier 1 or Tier 2 solar energy systems. A solar farm is one kind of Tier 3 solar energy system.

SOLAR FARM

An energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity. Solar farms are principal uses.

[Added 7-19-2021 by L.L. No. 11-2021]

SOLAR HEAT COLLECTOR

A device capable of collecting and converting solar energy into heat for warming air or water.

[Added 7-19-2021 by L.L. No. 11-2021]

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electricity.

[Added 7-19-2021 by L.L. No. 11-2021]

SPECIAL PERMIT

The written authorization by the Board of Appeals to permit, in a given district, a property use which, because of its nature, location or effect on the surrounding neighborhood, warrants special evaluation of each individual case.

[Added 8-11-1997 by L.L. No. 4-1997]

STREET, COLLECTOR

Streets which collect the traffic generated on local streets and serve a relatively short, convenient and direct means of access from the various development areas of the town to the secondary road system.

STREET LINE

See "line, street."

STREET, LOCAL

Streets whose prime function is to give direct access to residential abutting property. Local streets are the internal part of the system to provide movements within residential neighborhoods or other land use areas.

STREET, MAJOR

Streets or highways serving to connect through roads with each other and also to handle internal movements within the town.

STREET, SECONDARY

A street which serves or is designed to carry traffic from collector streets to the system of major streets.

STRUCTURE

Anything constructed or erected on or in the ground or attached to something having a location on or in the ground.

STRUCTURE RELATING TO SWIMMING POOL

Any type of aboveground construction used in connection with and adjacent to or surrounding a below- or aboveground swimming pool.

SWIMMING POOL

Any permanent structure installed in the ground which contains water intended to be used for swimming, bathing or wading; or an above-the-ground pool exceeding a height of two feet or more from ground level.

USABLE OPEN SPACE

(1) That part of the ground area of a lot for a multifamily residence:

(a) Which is devoted to outdoor recreational space, greenery and service space for household activities which are normally carried on outdoors.

(b) Which is not devoted to private roadways open to vehicular transportation, required buffer area, accessory off-street parking spaces or accessory off-street loading berths.

(c) Which is unobstructed except as permitted by Article V.

(d) Which is accessible and available at least to all occupants of dwelling units for whose use the space is required.

(e) Having a minimum dimension of 40 feet and not located closer than 10 feet to any building, roadbed or parking space.

(2) Usable open space may be counted as part of any required yard.

USE

Refers to any purpose for which buildings or other structures or land may be occupied.

USE, NONCONFORMING

Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendments thereto affecting such use, which does not conform to the use requirements of this chapter for the district in which it is located.

USE, PRINCIPAL

The main or primary purpose for which a building, other structure and/or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this chapter. The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered an accessory use.

[Added 8-11-1997 by L.L. No. 4-1997]

VARIANCE

A modification of the regulation of this chapter granted on grounds as set forth in applicable regulations of this chapter.

[Added 8-11-1997 by L.L. No. 4-1997]

VEHICLE, AGRICULTURAL

A wheeled or tracked conveyance used in agriculture.

VEHICLE, COMMERCIAL

A wheeled or tracked conveyance used in a trade or business, except for agriculture.

VILLAGE

The Village of Haverstraw in the County of Rockland, State of New York.

YARD, REQUIRED

Open and unobstructed area of the lot (except as specified in § 245-20B) extending inward from a lot line the distance specified in the regulations for the district in which the lot is located. Where a buffer area is required, the buffer area shall be deemed to commence at the lot line and the yard requirement shall be deemed to commence from the interior line of the buffer area.

YARD, REQUIRED FRONT

A yard extending along the full length of the front lot line between the side lot lines as specified by the bulk regulations of the district in which the lot is located.

YARD, REQUIRED REAR

A required yard extending the full width of the lot and situated between the rear lot line and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear lot line and the rear line of the principal building located on the lot.

YARD, REQUIRED SIDE

A required yard extending along a side line from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard (or to the rear lot line if there is no required rear yard).

ZONING DISTRICT

One of several designations given an area or areas of the town in which all uses of buildings and/or land within said area shall conform to the applicable provisions of this chapter.

§ 245-4 Street classification.

A. To provide for the development of a system of streets and highways in the Village and for the future improvement, reconstruction and necessary widening of streets and highways, including provisions for sidewalks, curbs and drainage facilities, each street in the Village is designated by one of the following street classifications:

(1) Major streets.

(2) Secondary streets.

(3) Collector streets.

(4) Local streets.

B. The classification of each street is based on its present and estimated future traffic volume and its relative importance and function in the comprehensive system of streets and highways as specified in the Village Master Plan. The required front yard and maximum building height for any lot shall be measured as set forth for each street classification in § 245-19A(1). The street classification for this purpose of each street or highway or portion thereof in the Village shall be as set forth on the Official Map of the Village of Haverstraw. Such map, together with everything shown thereon, is hereby made a part of this chapter.