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.
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."
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.Â
Word usage.
(1)Â
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)Â
"Shall" is always mandatory.
(3)Â
A "building" or "structure" includes any part thereof.
(4)Â
"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)Â
"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.Â
ACCESSORY BUILDING
ACCESSORY USE
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT USES
ADULT FAMILY STUDENT HOUSING
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT-USE CANNABIS RETAIL DISPENSARY
AFFORDABLE HOUSING UNITS (AFFORDABLE HOUSING)
AFFORDABLE PURCHASE UNIT (AFFORDABLE HOUSING)
AFFORDABLE RENTAL UNIT (AFFORDABLE HOUSING)
AGRICULTURE
ALTERATION
AREA, BUILDING
AUTOMOTIVE AND MACHINERY REPAIR SHOPS
AUTOMOTIVE BODY REPAIR AND/OR RESTORATION AND/OR PAINT SHOP
AUTOMOTIVE SERVICE/GASOLINE STATION
BASEMENT
BED AND BREAKFAST HOME
BUFFER AREA
BUILDING
BUILDING, COMPLETELY ENCLOSED
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
BUILDING PERMIT
BUILDING, PRINCIPAL
BULK
BULK, NONCOMPLYING
BUSINESS
CANNABIS AND TOBACCO PARAPHERNALIA SHOP
CELLAR
CERTIFICATE OF OCCUPANCY
CLUB
CLUB SWIMMING POOL
COMMERCIAL SWIMMING POOL
CORRIDOR-RETROFIT MIXED-USE OR COMMERCIAL BUILDING
COURT
DAY-CARE CENTER, CHILD
DENSITY, RESIDENTIAL
DEVELOPMENT COVERAGE
DORMITORY
DUMP
DUSTLESS SURFACE
DWELLING
DWELLING UNIT
EDUCATIONAL INSTITUTION
FAMILY
(1)Â
(2)Â
(3)Â
(4)Â
FAMILY-CARE AND GROUP-CARE FACILITY
FARM
FENCE, SOLID
FLOATING DISTRICT
FLOOR AREA, HABITABLE
FLOOR AREA OF A BUILDING
FLOOR AREA, NET INTERIOR
FUNERAL HOME
GARAGE, PRIVATE
GLARE
GRADE, ESTABLISHED
GRADE, FINISHED
GROCERY STORE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HAVERSTRAW ADJUSTMENT FACTOR (AFFORDABLE HOUSING)
HEIGHT OF A BUILDING
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSEHOLD PET
HUD ROCKLAND MEDIAN FAMILY INCOME (AFFORDABLE HOUSING)
JUNKYARD
LABORATORY, RESEARCH, EXPERIMENTAL AND TESTING
LAUNDERETTE OR LAUNDROMAT
LINE, STREET
LIVE/WORK UNITS
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
LOT WIDTH
MANUFACTURING
MARKET RATE UNITS (AFFORDABLE HOUSING)
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE TECHNICIAN
MASTER PLAN
MAXIMUM AFFORDABLE INCOME (AFFORDABLE HOUSING)
MOTEL
MULTIPLE RESIDENCE
NURSERY SCHOOL
NURSING HOME
OFFICIAL MAP
PARKING SPACE
PERSON
PET DAY-CARE SERVICE
PLACE OF GENERAL ASSEMBLY
PLACE OF WORSHIP
POLITICAL EVENT
PREMISES
PRI SITE
PROFESSIONAL OFFICE
PUBLIC UTILITY STRUCTURES AND RIGHTS-OF-WAY
PURCHASE HOUSING
QUALIFIED FAMILY (AFFORDABLE HOUSING)
R DISTRICT
REHABILITATION PLAN
RENTAL HOUSING
RESIDENCE
RESIDENCE, MULTIFAMILY
RESIDENCE, SINGLE-FAMILY
RESIDENCE, SINGLE-FAMILY ATTACHED
RESIDENCE, SINGLE-FAMILY SEMIATTACHED
RESIDENCE, TWO-FAMILY
RESIDENTIAL CHARACTER OF AREA
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SCHOOL OF GENERAL INSTRUCTION
SCHOOL OF SPECIAL INSTRUCTION
SCREEN OR SCREENING
(1)Â
(a)Â
(b)Â
(2)Â
SETBACK
SEXUAL ACTIVITIES
SIGN
SIGN, ADVERTISING
SIGN AREA
SIGN, BUSINESS
SIGN, DIRECTIONAL
SIGN, DIRECTLY ILLUMINATED
SITE PLAN
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)Â
(2)Â
(3)Â
SOLAR FARM
SOLAR HEAT COLLECTOR
SOLAR PANEL
SPECIAL PERMIT
STREET, COLLECTOR
STREET LINE
STREET, LOCAL
STREET, MAJOR
STREET, SECONDARY
STRUCTURE
STRUCTURE RELATING TO SWIMMING POOL
SWIMMING POOL
USABLE OPEN SPACE
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
USE
USE, NONCONFORMING
USE, PRINCIPAL
VARIANCE
VEHICLE, AGRICULTURAL
VEHICLE, COMMERCIAL
VILLAGE
YARD, REQUIRED
YARD, REQUIRED FRONT
YARD, REQUIRED REAR
YARD, REQUIRED SIDE
ZONING DISTRICT
Definitions.
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.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
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.
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.
Any activity covered by the definition for adult bookstore,
adult motion-picture theater, adult entertainment cabaret, adult motel
and massage establishment.
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]
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.
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.
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]
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]
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]
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]
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.
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.
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.
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.
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.
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.
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.
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]
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.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
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.
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]
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]
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]
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.
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.
Any person, firm, association, partnership, corporation or
other entity for profit.
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]
A portion of a building having more than 1/2 of its interior
height below the average of the adjoining ground.
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]
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.
An artificial facility for swimming operated for members
and their guests.
An artificial facility for swimming operated for gain or
in conjunction with any commercial enterprise, and open to the public.
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]
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.
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.
The density of population in a district, measured by the
number of families per acre.
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.
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]
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.
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.
See "residence."
A building, or part thereof, containing complete housekeeping
facilities for one family.
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]
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.
Any such number of persons shall not be deemed
to constitute a "family" if:
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.
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.
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.
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.
A fence which is so constructed as not to contain openings
which can be seen through.
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]
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.
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.
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]
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
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.
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]
The elevation of the center line of the street as officially
established.
The completed surfaces of lawns, walks, curbs, roads and
parking areas brought to grade as shown on official plans or designs
relating thereto.
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]
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]
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]
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.
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.
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.
A building used primarily to provide sleeping accommodations
for the transient public, in which more than six rooms are available
for hire.
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]
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]
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."
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.
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.
The dividing line between the street and the lot.
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]
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.
The total horizontal area included within the lot lines.
A lot whose lot lines have an interior angle of less than
135° at the intersection of two street lines.
The percentage of the lot area that is occupied at the ground
area of a building and its accessory buildings, if any.
The horizontal distance measured along the full length of
a street line abutting the lot line.
A lot other than a corner lot.
A boundary line of a lot.
The line of a street on which a lot fronts or abuts.
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.)
Any lot line not a front line or a rear lot line, including
a lot line of an offset portion of a lot.
An interior lot extending from one street to another.
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.
Any process whereby the nature, size or shape of articles
is changed, or where articles are assembled or packaged in quantity.
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]
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
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.
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.
The Village Master Plan of the Village of Haverstraw as adopted
by the Village Planning Board.
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]
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.
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.
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.
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.
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]
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.
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
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]
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]
A building or structure used by a religious organization
for regular organized religious assembly.
[Added 10-2-2017 by L.L.
No. 5-2017]
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]
Land and all buildings and structures thereon.
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]
The room or rooms in which are performed:
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.
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]
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]
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.
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.
Dwelling units which are leased or rented for residency by
the tenant thereof.
[Added 7-19-2021 by L.L.
No. 5-2021]
A building or part thereof which contains one or more dwelling
units for permanent occupancy.
See "multiple residence."
A building on a lot occupied for residential purposes by
one dwelling unit only.
A one-family house having a party wall on both side lot lines.
A one-family house having one party wall and one side yard.
A detached building having two side yards and designed for
or occupied exclusively by two families or two single-family attached
residences.
The type and density of residences existing within a neighborhood
and their relation to each other and the surrounding open space.
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]
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]
A school for the teaching of technical skills, trades, arts
or special education skills, and accredited by the New York State
Department of Education.
Either:
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
An opaque wall or barrier or uniformly painted
fence at least six feet high.
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.
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.
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.
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.
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.
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.")
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."
A sign with sign area of not over two square feet, indicating
the direction or route to an establishment.
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.
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]
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]
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]
Tier 1 solar energy systems are roof-mounted solar energy systems,
building-integrated solar energy systems and solar heat collector
devices.
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.
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.
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]
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]
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 7-19-2021 by L.L.
No. 11-2021]
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]
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.
See "line, street."
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.
Streets or highways serving to connect through roads with
each other and also to handle internal movements within the town.
A street which serves or is designed to carry traffic from
collector streets to the system of major streets.
Anything constructed or erected on or in the ground or attached
to something having a location on or in the ground.
Any type of aboveground construction used in connection with
and adjacent to or surrounding a below- or aboveground 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.
That part of the ground area of a lot for a
multifamily residence:
Which is devoted to outdoor recreational space,
greenery and service space for household activities which are normally
carried on outdoors.
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.
Which is unobstructed except as permitted by Article V.
Which is accessible and available at least to
all occupants of dwelling units for whose use the space is required.
Having a minimum dimension of 40 feet and not
located closer than 10 feet to any building, roadbed or parking space.
Usable open space may be counted as part of
any required yard.
Refers to any purpose for which buildings or other structures
or land may be occupied.
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.
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]
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]
A wheeled or tracked conveyance used in agriculture.
A wheeled or tracked conveyance used in a trade or business,
except for agriculture.
The Village of Haverstraw in the County of Rockland, State
of New York.
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.
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.
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.
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).
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.
A.Â
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:
B.Â
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.