Town of Haverstraw, NY Article I General Provisions

§ 167-1 Purposes; considerations.

A. This chapter is adopted pursuant to the Town Law of the State of New York in accordance with a comprehensive plan for the Town of Haverstraw and is designed to:

(1) Lessen congestion in the streets.

(2) Secure safety from fire, flood, panic and other dangers.

(3) Promote health and general welfare.

(4) Provide adequate light and air.

(5) Prevent the overcrowding of land.

(6) Avoid undue concentration of population.

(7) Make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.

(8) Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

B. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town of Haverstraw.

§ 167-2 Enactment; title.

The Town Board of the Town of Haverstraw in Rockland County, New York, pursuant to the authority vested by law, hereby adopts and enacts this chapter as a comprehensive amendment of the chapter known as the "Zoning Ordinance of the Town of Haverstraw," adopted March 17, 1958, and all subsequent amendments thereto. This chapter shall be known and may be cited as the "Zoning Local Law of the Town of Haverstraw of 1990."

§ 167-3 Word usage and definitions.

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

A. 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 "includes 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 Zoning Map included herein, as enacted or subsequently amended."

B. Word usage. A "person" includes a "corporation," a "partnership" and an "unincorporated association of persons," such as a club. "Shall" is always mandatory. A "building" includes a "structure"; a "building" or "structure" includes any part thereof. "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." The "Town" is the Town of Haverstraw in the County of Rockland, State of New York. The "Town Board," "Zoning Board of Appeals," "Planning Board" and "Building Inspector" are, respectively, the Town Board, Zoning Board of Appeals, Planning Board and Building Inspector of the Town.

C. Defined words. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING

A freestanding building, such as a stable, garage, playhouse, barn or greenhouse, which is subordinate and accessory to a principal building on the same lot; a subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or a roof, such accessory building shall be considered part of the main building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use or building.[1]

ADULT BOOKSTORE

A person, establishment or business, whether retail or wholesale, having more than a minimal portion of its stock-in-trade 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 gross sales or receipts for any calendar year.

[Added 1-22-2001 by L.L. No. 7-2001]

ADULT ENTERTAINMENT CABARET

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

[Added 1-22-2001 by L.L. No. 7-2001]

ADULT ENTERTAINMENT USE BUSINESS

Any activity covered by the definition of an adult bookstore, an adult entertainment cabaret, an adult motion-picture theater, an adult motel or a massage establishment.

[Added 1-22-2001 by L.L. No. 7-2001]

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.

[Added 1-22-2001 by L.L. No. 7-2001]

ADULT MOTION-PICTURE THEATER

An enclosed or unenclosed building, structure or portion thereto 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.

[Amended 1-22-2001 by L.L. No. 7-2001]

AFFORDABLE

A home that is not market rate but is both age restricted and income restricted by deed so as to require the permitted income of potential purchasers, including all subsequent purchasers, to be not more than 110% of the Rockland County median household income, as updated from time to time by the United States Department of Housing and Urban Development.

[Added 6-26-2006 by L.L. No. 5-2006]

AFFORDABLE HOUSING UNIT

A dwelling unit, the rental or sales price of which does not exceed the maximum allowable level established by Chapter 167, constructed for qualifying-income households pursuant to Article VIIA.

[Added 6-11-2007 by L.L. No. 2-2007]

AGE RESTRICTED

A home that is required by deed to have one occupant who is 55 years old or older at the time of occupancy.

[Added 6-26-2006 by L.L. No. 5-2006]

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement or addition, whether by extending on the front, rear or on a side or by increasing in height, or the moving from one location or position to another.

AMUSEMENT CENTER

Any indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public any coin-controlled amusement device of any description, and particularly, but not by way of limitation, the type commonly known as "bagatelle," "baseball," "football" and "pinball" amusement games. An amusement center may include an indoor commercial rifle range or billiard parlor.

AMUSEMENT DEVICE

A device primarily for the entertainment of the customer, the use of which results in electronic or mechanical displays and/or operation or the production of musical entertainment. (See Chapter 52 of the Town Code.)

ANIMAL HOSPITAL

A facility for the care and treatment of animals, including shelters and like facilities, other than animal kennels as defined herein.

APARTMENT

That part of a multifamily residence consisting of one or more rooms containing at least one bathroom, which room or rooms are separated and set apart from all other rooms within a multifamily residence.

[Added 4-12-2022 by L.L. No. 1-2022]

APPLICANT

An owner, or his authorized representative, desiring to seek any type of determination from the Planning Board, Town Board, Zoning Board of Appeals, Architectural Review Board or Shade Tree Commission.

AREA, BUILDING

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

(1) FLOOR AREA, HABITABLE Rooms occupied by one or more persons for living, eating, cooking and/or sleeping, but not including 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 7 1/2 feet or over for a minimum horizontal measurement of six feet, with sidewalls not less than 5 1/2 feet in height.

(2) FLOOR AREA OF A BUILDING The sum of the gross horizontal areas of the several floors of a building or part of a building and its accessory buildings or parts thereof on the same lot, including the area of roofed porches, roofed terraces and/or cellars. All dimensions shall be measured between exterior faces of walls.

(3) FLOOR AREA IN SUCH USES OR SO USED (multiple use) See "floor area of a building" above. The sum of the individual floor areas shall equal the floor area of a building as defined above.

ASSISTED LIVING RESIDENCE

Residences that are licensed by the State of New York for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.

[Added 7-10-2017 by L.L. No. 4-2017]

AUCTION ESTABLISHMENT

A fully enclosed building or structure in which goods are sold at auction on a periodic basis.

AUTOMOBILE OR TRAILER SALES AREA

An area, other than a street or public place, used for the display, barter, purchase, sale or rental of new or used motor vehicles or trailers and where no repair work is done except minor incidental repair of vehicles or trailers to be displayed, sold or rented on the premises.

AUTOMOTIVE BODY 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.

BASEMENT

That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. A basement shall be counted as a story in determining the number of stories of the building when the ceiling is five feet or more above the average finished grade, provided that it complies with the requirements of habitable floor area as defined herein.

BEDROOM

Any room designed, intended, furnished or occupied for sleeping quarters and any room other than a living room, dining room, kitchen, bathroom or utility room having greater than 80 square feet of floor area.

BLOCK

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of way, waterways or any other barrier to the continuity to development.

[Amended 6-24-2002 by L.L. No. 7-2002]

BUFFER AREA

An area of specified dimension extending between rear or side lot line or a zoning district line and a required yard. The buffer shall not be used or otherwise encroached upon by any activities on the lot so as to provide for adequate separation and protection from otherwise inharmonious or incompatible uses.

[Amended 6-24-2002 by L.L. No. 7-2002]

BUILDING

Any structure having a roof supported by columns or by walls.

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 COVERAGE

The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area.

[Added 6-26-2017 by L.L. No. 3-2017]

BUILDING MARKER

Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

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 spaces required in connection with a building.

BULK, NONCONFORMING

A bulk which was lawful prior to the adoption, revision or amendment of a zoning ordinance or local law but which fails to conform to the requirements of the district in which it is located by reason of such adoption, revision or amendment.

BULK REGULATIONS

Bulk regulations include, but are not limited to regulations dealing with lot area; lot area per dwelling unit; lot frontage; lot width; building height; required yards; courts; usable open space; spacing between buildings on a single lot; floor area ratio; and/or the length of buildings in a row.[2]

BUSINESS

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

[Added 1-22-2001 by L.L. No. 7-2001]

CAMP

Any plot, including its area of land or water, or land and water, on which are located two or more cabins, tents, shelters, houseboats or other accommodations of the design or character suitable for seasonal or other more or less temporary living purposes primarily for children, but not including a rooming house, tourist home, hotel, motel, summer colony, hospital, place of detention, school of general instruction or nursery school.

CAMPSITE

A property providing four or more sites for the parking of occupied travel trailers, the erection of tents or other shelters serving as temporary residences, as defined by Part 7 of the New York State Sanitary Code, and all buildings and facilities pertaining thereto.

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. A cannabis business - retail engaged in the accessory sales of such paraphernalia shall not be considered a cannabis and tobacco paraphernalia shop.

[Added 12-12-2023 by L.L. No. 13-2023]

CANNABIS BUSINESS — INDUSTRIAL

A business licensed by the New York State Office of Cannabis Management or another authorized state agency to operate the following types of business (as defined and regulated by Article 4 of New York Cannabis Law[3]): adult-use cultivator, adult-use nursery, adult-use processor, adult-use distributor, adult-use cooperative, and/or adult-use microbusiness.

[Added 12-12-2023 by L.L. No. 13-2023

CANNABIS BUSINESS — ON-SITE CONSUMPTION

A business licensed by the New York State Office of Cannabis Management or another authorized state agency to operate an adult-use on-site consumption facility in accordance with New York Cannabis Law.

[Added 12-12-2023 by L.L. No. 13-2023]

CANNABIS BUSINESS — RETAIL

A business licensed by the New York State Office of Cannabis Management or another authorized state agency to operate an adult-use cannabis retail dispensary in accordance with New York Cannabis Law.

[Added 12-12-2023 by L.L. No. 13-2023]

CARPORT

A roofed structure, with or without enclosing walls, used for the storage of one or more automobiles.

CELLAR

That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. A cellar shall not be counted as a story nor as habitable floor area.

CHILD-CARE CENTER

An establishment that is licensed by the state that provides for the care, supervision, and protection of children.

[Added 7-10-2017 by L.L. No. 4-2017]

CLUB

Any organization catering exclusively to members of a fraternal, professional and/or political organization and their guests, which are not conducted primarily for gain, and where no vending, merchandising or commercial activities are conducted, except as required for the membership and purposes of such club.

CLUBHOUSE

Any premises or buildings catering exclusively to members of fraternal, professional and/or political organizations and their guests, which are not conducted primarily for gain, and where no vending, merchandising or commercial activities are conducted, except as required for the membership and purposes of such clubhouse.

COMMERCIAL MESSAGE

Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMMUNITY CENTER

A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

COMMUNITY RESIDENCE

See definition for "group homes."

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of the Boards and all accompanying documents required for approval of the application for development.

CONCEPT DEVELOPMENT PLAN

A plan showing the key elements of the proposed development that is formally adopted by the Town Board as a prerequisite to mapping the Planned Development District (PDD).

[Added 6-26-2006 by L.L. No. 5-2006]

CONDOMINIUM

An apartment house or houses, the apartments or dwelling units for which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his apartment independent of the owners of the other apartments in the building or buildings.

CONSERVATION EASEMENT

An undeveloped area used to protect, improve or enhance lands due to special environmental or other conditions. Only those functions specifically approved by the Planning Board may be performed within the easement. Once the easement has been dedicated to the Town, no activity may be conducted within the easement, by any party, without the express written approval of the Building Inspector.

[Added 6-24-2002 by L.L. No. 7-2002]

CONSTRUCTION EQUIPMENT

Equipment, including but not limited to trucks, bulldozers, backhoes, graders, etc., which is designed and intended for use during site construction.

CONVENTION AND CATERING FACILITY

A fully enclosed building or structure in which dining and/or meeting facilities are provided for community, professional and/or business groups.

CONVERSION

The changing of use or occupancy of a dwelling by alteration or by other reorganization so as to increase the number of families or dwelling units in a structure.

CONVERSION, CHANGE IN USE

A change in the nature and occupancy of a building, structure or site which alters the type of activity associated with such building, structure or site.

CONVERSION, CONDOMINIUMS/COOPERATIVES

A change of status or ownership from a rental facility to a condominium or cooperative form of ownership and/or management, as defined herein.

COOPERATIVE

A property where residents own shares in a building giving them the exclusive use of their apartments. Decisions about common areas, such as hallways, elevators, grounds, are made by a vote of each resident's aggregate shares. Residents may also be involved in approving sales of apartments.

COUNTRY COMMERCIAL

A single- or two-story attached retail or service retail businesses which is limited to include a bakery, barber shop, convenience store, china and giftware store, clothing store, deli, florist, floral decorating, hair salon, jewelry store, picture framing, pharmacy, sporting goods, furniture, shoe, health care and beauty aids and video rental stores.

[Added 6-13-2011 by L.L. No. 2-2011]

COURT, INNER

An open, uncovered, unoccupied space surrounded on all sides by exterior walls of a building or structure or by such walls and an interior lot line of the same premises.

COURT, OUTER

An open, uncovered, unoccupied space which has at least one side opening on a legal open space.

CUL-DE-SAC

The turnaround at the end of a dead-end street designed in accordance with § A172-20, Culs-de-sac.

[Added 1-22-2001 by L.L. No. 6-2001]

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.

DAY-CARE HOME, FAMILY

Family day-care home care provided by an individual for three and not more than six children (two additional children may be cared for after school, bringing the total after school to eight) away from their home by a resident of the dwelling unit for less than 24 hours a day when such care is provided for more than five hours a week and less than 24 hours per day. Certification to operate is required pursuant to the provisions of the Social Services Law § 390 and Part 417 of Title 18 of the New York Codes, Rules and Regulations.

DECK

An open structure projecting from the outside wall of a structure.

DENSITY, RESIDENTIAL

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

DEVELOPMENT COVERAGE

Developed surface areas within the subject property, including but not limited to building footprints and impervious surfaces.

[Added 6-26-2006 by L.L. No. 5-2006]

DEVELOPMENT PLAN, MAJOR SITE

A development plan for one or more lots which meets any one or more of the following criteria:

(1) Two or more acres;

(2) Six or more dwelling units; or

(3) Requires off-street parking for more than five vehicles.[4]

DOMESTIC ANIMAL

An animal that is customarily kept for personal use or enjoyment within the home. Domestic animals shall include but not be limited to dogs, cats and tropical birds.

DRIVE-IN

Premises constructed to cater primarily to the motoring public.

DUSTLESS SURFACE

Any surface, such as a road or parking area, adequately covered with screenings, stone, gravel, concrete or bituminous products or adequately treated with dust-inhibiting substances and maintained in good condition at all times.

DWELLING

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

DWELLING UNIT

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

EASEMENT

Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

[Amended 6-24-2002 by L.L. No. 7-2002]

ENGINEER or LICENSED PROFESSIONAL ENGINEER

A person licensed as a professional engineer by the State of New York.

FAMILY

One or more persons living together as a single housekeeping unit. This includes group homes, foster homes and community residences. However, a group home or community residence may have a second kitchen for the convenience of the houseparents.

FENCE

A continuous structural barrier generally parallel to the perimeter of a property boundary or use area, enclosing a yard or portion of a yard, used to prevent or impede entrance and/or to mark a boundary. Fences include walls, as defined in this chapter.

[Added 8-13-2012 by L.L. No. 3-2012]

FENCE, SOLID

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

FLOATING OVERLAY ZONE

A zoning designation that is unmapped on the official Zoning Map that at the discretion of the Town Board may be superimposed on one or more qualifying parcels of land to impose supplemental restrictions on uses within the district, permit specific uses that are otherwise not permitted or implement incentives while retaining the underlying zoning to foster development. Floating overlay zones can be affixed to qualifying parcel(s) by petition of the owner of a parcel or by direct action of the Town Board. Any such designation shall be subject to all of the requirements in the Zoning Ordinance for an amendment to the Zoning Ordinance and map change. Upon approval, the parcel(s) is governed by the uses, dimensions and other provisions under the floating overlay zone, as well as the underlying zoning, except to the extent provided for in § 167-67.1B(5) for inconsistencies between overlay designation and the underlying zoning.

[Added 7-10-2017 by L.L. No. 4-2017]

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building or part of a building and its accessory buildings or parts thereof on the same lot, including the area of roofed porches, roofed terraces and/or cellars. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA RATIO

The gross floor area of all buildings on a lot divided by the area of the lot.

FUNERAL HOME

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

GASOLINE SERVICE STATION

Any establishment where motor fuels are stored and dispensed into the fuel tanks of motor vehicles. Such facilities may include the sale of oil and other lubricating liquids or other motor vehicle accessories and may include minor repair service, but may not include facilities for lubricating, washing, servicing and/or painting motor vehicles.

GAS STATION, ONE-STOP

Any establishment that is used for the sale of gasoline, any other motor vehicle fuel, oil or any other lubrication substances and which includes facilities for the sale of other retail products, but may not include facilities for lubricating, washing, servicing motor vehicles, painting or major repairs.

GATHERING PLACE

A place of assembly for more than 16 persons for a house of 1,500 square feet or less or 26 persons for a house in excess of 1,500 square feet permitted in the R-120, R-40, R-25, R-15, RG and RMH residential districts by special permit issued by the Planning Board, for organizations or loose affiliations of like-minded people regularly meeting to plan or conduct organization functions or other organized activities within habitable areas of a single-family home, subordinate to its use as a single-family residence. The maximum size of the area of assembly will be governed by the then-current New York State Uniform Code covering the assemblage of people and the ability of the site to provide for the special conditions determined by the special permit application in order to provide for such gatherings while ensuring the safety of those individuals in attendance and of surrounding properties. The area of assembly shall not occupy more than 20% of the total square footage of the residence, excluding bedrooms, corridors, bathrooms, cellars and kitchens as further defined in the then current New York State Uniform Code. If the area of assembly is greater than 20%, then the provisions of § 167-58A through E of this Code shall apply to forms of assembly and shall be governed by the regulations applicable to such gatherings. For the purpose of this chapter, garages and cellars are not considered habitable space and may not be used for gatherings or be used in calculating the permitted area of a gathering place. Occupancy for a gathering place is limited to 16 persons for a house of 1,500 square feet or less and 26 persons for a house that is more than 1,500 square feet for gatherings that meet one or more times per month, in which case no special permit is required. If the number of people attending gatherings exceeds those numbers then a special permit would be required in accordance with this section.

[Added 6-26-2017 by L.L. No. 3-2017]

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 grades as shown on official plans or designs relating thereto.

GROSS LEASABLE AREA

The sum of the horizontal areas of the floors in each story of the building or buildings, measured from the exterior faces of the outside walls or, in the case of a common wall separating two buildings, from the center line of the common wall of such building or buildings, excluding i) any areas on the floor which include nonhabitable space devoted to mechanical equipment and stairwells, or ii) exterior building additions such as vestibule entries and covered canopies.

[Added 1-14-2013 by L.L. No. 1-2013[5]]

GROUND AREA OF A BUILDING

The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces, inclusive, and including the ground area of accessory buildings, if any.

GROUP-FAMILY DAY-CARE HOMES

Care facilities provided by a person in his or her primary residence, whether in a single-family dwelling or a multifamily residence, for up to 10 children of all ages (four additional children may be cared for after school, bringing the after-school total to 14) for less than 24 hours a day and who has received a certificate to operate under the provisions of Social Services Law § 390 and Part 416 of Title 18 of the New York Codes, Rules and Regulations.

GROUP HOMES AND COMMUNITY RESIDENCES

A family-type home facility which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.

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) or to the mean height between the eaves and ridge (for a gable, hip or gambrel roof) of such building or structure.

HELIPORT

Any landing area used for the landing and taking off of helicopters, including all necessary passenger and cargo facilities, fueling and emergency service facilities.

HOME OCCUPATION

An accessory use of a service character customarily conducted entirely within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate and in connection therewith there is not involved the keeping of a stock-in-trade. The professional office of a physician, surgeon, dentist or other professional person, including violin, piano, other individual musical instrument or voice instructor limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a home occupations, and the occupations of dressmaker, milliner or seamstress, each with not more than one paid assistant, shall also be deemed to be home occupations. Dancing instruction, band-instrument instruction in groups, veterinary hospitals, taxidermists, animal hospitals, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments and stores, trades or businesses of any kind herein excepted shall not be deemed home occupations.

IMMEDIATE FAMILY MEMBER

Any parent, grandparent, child, grandchild, sibling, spouse, domestic partner, and any other relative by blood, marriage, or adoption (i.e., cousin, niece, nephew, aunt, uncle, in law, and step-child).

[Added 4-12-2022 by L.L. No. 1-2022]

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

[Added 6-26-2017 by L.L. No. 3-2017]

INN

A multiple-unit building, with up to 100 guest rooms, used for the purpose of offering public lodging on a day-to-day basis and meals provided for compensation. "Meals" includes breakfast, lunch and dinner served only to guests who are provided overnight lodging but does not include catering.

[Added 6-26-2006 by L.L. No. 5-2006]

INSTITUTIONAL USE

Unless specifically defined elsewhere, includes hospitals, nursing homes, sanatoriums, correctional institutions or other institutions of a similar public or semipublic nature.

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, scrap metal, building materials, house furnishings, machinery, vehicles and/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, broken-down or unlicensed vehicles, or parts of two or more wrecked, broken-down or unlicensed vehicles, for any period of time in any district not specifically permitting such use shall be deemed a junkyard.

KENNEL

Any premises on which two or more dogs and/or cats are kept at any one time.

[Amended 7-8-1991 by L.L. No. 3-1991]

LABORATORY, RESEARCH AND DEVELOPMENT

A building or group of buildings in which are located facilities for scientific research, investigation, experimentation or testing, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

LAUNDERETTE, LAUNDROMAT AND COIN-OPERATED LAUNDRY

Business premises equipped with individual clothes washing, drying and/or dry-cleaning facilities for use by retail customers.

LIMITED-ACCESS ROAD

A highway which is completely separated from local traffic with the exception of controlled entrances and exits at selected locations.

LINE, DESIGNATED STREET

A line parallel to a street center line at a distance equal to the width of 1/2 of the designated street right-of-way.

LINE, STREET

The dividing line between the street and the lot.

LIVE/WORK UNIT

A non-age-restricted market rate home that includes an area usable for community retail and/or personal services attached to living quarters and to be occupied by a person or persons at least one of whom owns or works in the attached community retail or personal services area.

[Added 6-26-2006 by L.L. No. 5-2006]

LIVING ACCOMMODATION

A dwelling or premises or portion thereof for the use or possession of the person or persons occupying the dwelling, premises, or portions thereof.

[Added 4-12-2022 by L.L. No. 1-2022]

LOCATION OF ADULT ENTERTAINMENT USE BUSINESS

The specific location of an adult entertainment use business for the purpose of this chapter shall be at a point of measurement beginning at the outer wall of an adult entertainment use business [closest to other uses as regulated in § 167-37.1A(4), (5) and (6)] measured in a straight line to the property line of the uses referred in § 167-37.1A(4), (5) and (6) as noted above.

[Added 1-22-2001 by L.L. No. 7-2001]

LOT

A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

LOT AREA

The total area included within the property lines of a lot, measured on a horizontal plane.

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street. The point of intersection of the street lot lines is the corner.

LOT COVERAGE

That part of the lot that is covered by impervious surfaces.

[Amended 6-26-2017 by L.L. No. 3-2017]

LOT FRONTAGE

The length of the front lot line measured along the street right-of-way line.

[Amended 1-22-2001 by L.L. No. 6-2001]

LOT INTERIOR

A lot other than a corner lot.

LOT LINE

A boundary 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.

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

A straight line measured between the side lot lines at a distance 20 feet back from the lot frontage. Lot width requirements for lots fronting on culs-de-sac (turnarounds) may be reduced. However, any reduction in lot width shall not exceed 25% of the minimum lot width requirement.

[Amended 1-22-2001 by L.L. No. 6-2001; 3-26-2001 by L.L. No. 11-2001]

MAIN STREET

That area designated as such on the concept development plan which includes mixed-use buildings and allows shared parking among these uses.

[Added 6-26-2006 by L.L. No. 5-2006]

MAJOR SITE DEVELOPMENT PLAN

Any site development plan not classified as a minor site development plan.

[Added 7-8-1991 by L.L. No. 3-1991]

MANUFACTURING

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

MARINA

A facility for storing, servicing, fueling, berthing and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews and guests.[6]

MARKET RATE

(except for live/work units, which shall not be age restricted but shall in all other respects meet this definition of "market rate") An age-restricted home, other than an affordable home, that the developer, under applicable laws and regulations, is offering for sale to the general public with no regulatory or other governmental restrictions as to the price, income of purchasers or requirement to provide subsidized housing for that particular home. Market rate shall include all homes, other than affordable homes, irrespective of whether the developer voluntarily determines to grant credits, subsidies, etc.

[Added 6-26-2006 by L.L. No. 5-2006]

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.

[Added 1-22-2001 by L.L. No. 7-2001]

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, nor barbershops 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 facilities, and facilities for the welfare of the residents of the area.

[Added 1-22-2001 by L.L. No. 7-2001]

MASSAGE TECHNICIAN

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

[Added 1-22-2001 by L.L. No. 7-2001]

MASTER PLAN

The Comprehensive Master Plan adopted by the Planning Board for the development of the entire area of the Town, pursuant to § 272-a of the Town Law, showing the desirable streets, bridges and tunnels and the approaches thereto, viaducts, parks, public reservations, roadways in parks, sites for public buildings and structures, waterways and drainage systems and such other features, existing and proposed, as will provide for the improvement of the Town and its future growth, protection and development and will afford adequate facilities for the housing transportation, distribution, comfort, convenience, public health, safety and general welfare of the population of the Town.

[Amended 6-24-2002 by L.L. No. 7-2002]

MAXIMUM AGGREGATE DENSITY

The density of development calculated by dividing the number of dwelling units by the net buildable acreage.

[Added 6-26-2006 by L.L. No. 5-2006]

MINOR SITE DEVELOPMENT PLAN

A site plan involving construction which does not exceed any or all of the following limitations:

[Added 7-8-1991 by L.L. No. 3-1991]

(1) Construction of or addition to a structure, with the construction not exceeding 400 square feet.

(2) Construction or addition of no more than three parking spaces.

(3) Construction which does not require the granting of any variances.

MOBILE HOME

Manufactured housing bearing a seal issued by the Federal Department of Housing and Urban Development.

MOBILE HOME LOT

A designated site within a Mobile Home Residence District for the exclusive use of the occupants of a single mobile home.

MOBILE HOME STAND

The area of the site reserved for the placement of a mobile home.

MODULAR HOME

A factory-manufactured home constructed with the approval, and bearing an insignia issued by, the New York State Fire Prevention and Building Code.[7]

[Amended 10-12-1999 by L.L. No. 12-1999]

MONETARY COMPENSATION

Cash, check, money order, credit card, bitcoin, barter, exchange of goods, or other valuable consideration.

[Added 4-12-2022 by L.L. No. 1-2022]

NET BUILDABLE ACREAGE

The total acreage on which residential and nonresidential development can occur and which is the basis for calculating maximum aggregate density. Net buildable acreage is calculated by excluding nonbuildable lands (wetlands in accordance with § 167-62 and steep slopes 25% or greater in accordance with § 167-62B) and existing public rights-of-way.

[Added 6-26-2006 by L.L. No. 5-2006]

NONCONFORMING USE

A use which was lawful prior to the adoption, revision or amendment of a zoning ordinance or local law but which fails to conform to the requirements of the district in which it is located by reason of such adoption, revision or amendment.

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, where persons are lodged and furnished with meals and nursing care for hire and which is duly authorized and licensed by the State of New York.

OCCUPANT

A person, other than the premises owner of record filed in the Rockland County Clerk's Office or an immediate family member of the premises owner, occupying living accommodations with the premises owner's express or implied consent.

[Added 4-12-2022 by L.L. No. 1-2022]

OFFER TO RENT

To personally, or through an agent, referral service, representative or other entity or person, communicate or advertise, verbally, in writing, or through electronic means or otherwise, including the internet, the availability for rental or similar use of any living accommodations, or to knowingly allow, commission, authorize, or permit such communication or advertisement.

[Added 4-12-2022 by L.L. No. 1-2022]

OFFICIAL MAP

The map established by the Town Board, under § 270 of the Town Law, of that part of the Town outside the limits of any incorporated Village, showing the streets, highways and parks and drainage systems therefor laid out, adopted and established by law, and any amendments or additions thereto adopted by the Town Board or additions thereto resulting from the approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats.

[Amended 6-24-2002 by L.L. No. 7-2002]

OFFICIAL SUBMITTAL DATE

Date upon which a complete application is received from an applicant seeking approval from the Planning Board, Zoning Board of Appeals or the Town Board for development or other action subject to the regulations found in this chapter of the Town Code. Said determination of completeness is to be made by the Planning Board or Zoning Board of Adjustment upon recommendation from the Town's professional staff.

[Amended 1-22-2001 by L.L. No. 6-2001]

OUTDOOR DISPLAYS

The display, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

PARKING AREA

An area devoted to motor vehicle parking by the occupants of the dwelling located on the same building lot.

PARKING SPACE

An area on a lot and/or within a building intended for the use of temporary parking of a motor vehicle, with minimum dimensions of 10 feet (width) and 20 feet (length).

PDD OPEN SPACE

That part of the ground area of a lot which is:

[Added 6-26-2006 by L.L. No. 5-2006]

(1) Devoted to outdoor recreational space and greenery.

(2) Not devoted to private roadways open to vehicular transportation, required yards, accessory off-street parking spaces or accessory off-street loading berths.

(3) Accessible and available to all occupants of the site for whose use the space is intended.

PERSON

Any individual, partnership, corporation, joint limited-liability company, limited-liability company, trust or other entity, stock association, and includes any trustee, receiver, assignee, or personal representative thereof, including but not limited to any booking or reservation service, lawful lessees, and premises owners.

[Added 1-22-2001 by L.L. No. 7-2001; amended 4-12-2022 by L.L. No. 1-2022]

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal services usually include the following: laundry, including cleaning and pressing service, linen supply; diaper service; beauty shops; barbershops; shoe repair; funeral services; steam baths; reducing salons and health clubs.

[Added 7-10-2017 by L.L. No. 4-2017]

PLANNING BOARD

The Planning Board of the Town of Haverstraw as established by the Town Board of the Town of Haverstraw.

PLAT

The final map or drawing, described in §§ A176-21 and A176-22 of these regulations,[8] on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be submitted to the office of the County Clerk for filing.

[Amended 6-24-2002 by L.L. No. 7-2002]

PORCH, OPEN

A roofed open structure projecting from the outside wall of a building without window sash or any other form of permanent enclosure.

PREMISES

Land and all buildings and structures thereon, including those owned or leased by the premises owner or lawful lessee, as applicable.

[Amended 4-12-2022 by L.L. No. 1-2022]

PREMISES OWNER

A person having lawful ownership title or interest to the premises or an immediate family member of said person.

[Added 4-12-2022 by L.L. No. 1-2022]

PRIVATE ROAD

A road with a right-of-way that is 50 feet or less in width, constructed in accordance with the provisions of Chapter A172 or as approved by the Planning Board and that is owned and maintained by a homeowners' association.

[Added 6-26-2006 by L.L. No. 5-2006]

PROFESSIONAL OFFICE

The room or rooms in which are performed the practice of a learned profession, including but not limited to law, medicine and dentistry.

PUBLIC ROAD

A road with a right-of-way that is 50 feet or greater in width and that is owned and maintained by the Town of Haverstraw or other municipal entity and is constructed in accordance with the provisions of Chapter A172 or as approved by the Planning Board.

[Added 6-26-2006 by L.L. No. 5-2006]

PUBLIC UTILITY SUBSTATIONS

A local facility designed and intended for the control of the distribution of electricity and/or gas or other local utility service.

QUALIFYING-INCOME HOUSEHOLD (or QUALIFYING-INCOME FAMILY)

A family or household whose aggregate annual income does not exceed 110% of the median Rockland County family income as determined annually by the Rockland County Planning Department.

[Added 6-11-2007 by L.L. No. 2-2007]

QUARRY

A lot or part thereof used for the purpose of extracting stone, sand, gravel, topsoil or any natural material for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made to the Building Inspector.

R DISTRICT

An R-120, R-40, R-25, R-15, RG or RMH Residence District in the Town or a corresponding district in an adjoining municipality.

REGULAR MEETING

Meeting one or more times per month.

[Added 6-26-2017 by L.L. No. 3-2017]

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.

RESIDENCE

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

RESIDENCE, MULTIFAMILY

A dwelling which is either rented, leased, let or hired out, to be occupied or is occupied as the permanent residence or home of three or more persons and/or families living independently of each other and is occupied for permanent residence purposes. "Multifamily residence" shall include "apartment" dwellings.

[Amended 4-12-2022 by L.L. No. 1-2022]

RESIDENCE, ONE-FAMILY DETACHED

A one-family residence which is separated from other buildings by open space.

RESIDENCE, ONE-FAMILY SEMIATTACHED

A building or structure which comprises one dwelling unit for one family and which is attached or connected to another dwelling unit for one family at their common property line by means of a party wall, the length of which represents at least 50% of the total sidewall length of which the party wall is a part, and which is separated from any other building or structure by open space on the side lot line opposite the party wall and by open space on the front and rear lot lines. Each dwelling unit must be on its own lot. No certificate of occupancy shall be issued for a one-family semiattached residence until such time as the Building Inspector finds the other dwelling unit to be substantially complete.

RESIDENCE, SINGLE-FAMILY

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

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.

RESTAURANT

An establishment where food and drink are prepared, served, and consumed, mostly within the principal building.

[Amended 7-10-2017 by L.L. No. 4-2017]

RESTAURANT, FAST-CASUAL

Restaurants with a limited menu, limited service, or self-service format, whose food is made to order and is fresher and higher quality and has more complex flavors than fast-food restaurants, and whose decor is more upscale, unique, or highly developed (such as Panera Bread, where food is made to order as opposed to McDonald's where it is preprepared).

[Added 7-10-2017 by L.L. No. 4-2017]

RESTAURANT, FAST-FOOD

Restaurants whose emphasis is on convenience and speed of service, that are generally part of a restaurant chain or franchise, and that provide a limited menu and minimal table or fast counter service, and whose meals are typically inexpensive and made from standardized ingredients that are partially or fully cooked in bulk in advance and kept hot and then finished and packaged to order.

[Added 7-10-2017 by L.L. No. 4-2017]

RIDING ACADEMY

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

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.

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.

SCREENING

The method by which a view of the site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms, trees or other features. "Screening" 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.

SETBACK

The required minimum horizontal distance between a building or structure and the related front, side or rear 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 be female, breast.

[Added 1-22-2001 by L.L. No. 7-2001]

SEXUAL ENCOUNTER ESTABLISHMENT

An establishment, other than a hotel, motel or similar establishment offering accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

SHOPPING CENTER

Any structure or group of structures that house any assemblage of various commercial tenants, including, without limitation, retail uses, personal service uses, banks and financial services, medical and professional offices, food service uses and other ancillary uses. A shopping center shall have a minimum combined gross leasable area of 200,000 square feet, which is located upon a single parcel of land or upon contiguous parcels of land and have common vehicular access and parking facilities.

[Added 1-14-2013 by L.L. No. 1-2013[9]]

SHORT-TERM RENTAL

A living accommodation that is rented, in whole or in part, to any person or entity for a period of less than 29 consecutive nights. "Rental" means an agreement, written or oral, granting use or possession of a living accommodation, in whole or in part, to a person in exchange for monetary compensation. "Short-term rental" shall also mean the selling of shares, time-share ownership or the establishing of other ownership, tenancy or use arrangement in which a person obtains a right of occupancy in all or any portion of a living accommodation for a period of less than 29 consecutive nights.

[Added 4-12-2022 by L.L. No. 1-2022]

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 other similar use. A "sign" includes a billboard, a neon tube, a string of lights or a similar device outlining or hung upon any part of a building or lot.

SIGN, ANIMATED

Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

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 as illumination is defined under "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.

SIGN, BUILDING

Any sign attached to any part of a building, as contrasted to a freestanding sign.

SIGN, BUSINESS

A sign which directs attention to a business, commodity, service or entertainment.

SIGN, DIRECTIONAL

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

SIGN, DIRECTLY ILLUMINATED

A sign designed to give forth any artificial light not shielded, concealed or diffused through transparent, translucent or opaque materials or where a direct or original source of light connected with such sign is exposed and/or visible.

SIGN, FLASHING

Any directly or indirectly illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when in use.

SIGN, FREESTANDING

Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.

SIGN, INDIRECTLY ILLUMINATED

Any sign designed to give forth any artificial light through any transparent or translucent material or illuminated with a light so shielded that no direct rays therefrom are visible elsewhere than on the lot where such illumination occurs.

SIGN, NONCONFORMING

A sign which was lawful prior to the adoption, revision or amendment of a zoning ordinance or local law but which fails to conform to the requirements of the district in which it is located by reason of such adoption, revision or amendment.

SIGN, RESIDENTIAL

Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of the Zoning Chapter.

SIGN, ROOF

Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

SIGN, TEMPORARY

Any sign that is used only temporarily and is not permanently mounted.

SIGN, WALL

Any sign attached parallel to, but within six inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.

SIGN WALL AREA

The area of a building wall fronting on a street, including windows and doors, but excluding any part of such wall area outside a dwelling unit.

SIGN, WINDOW

Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

SITE PLAN

A plan for the improvement and development and/or redevelopment of multifamily residential, commercial, research, laboratory and industrial properties and other nonresidential development.

SPA

A commercial establishment, that employs professional, licensed therapists or aestheticians whose services include massage and body or facial treatments. Private treatment rooms are provided for each client receiving a personal service. Hydrotherapy, steam and sauna facilities, nutrition and weight management, spa cuisine, and exercise facilities and instruction may be provided in addition to the massage and therapeutic treatment services. Full-service hair salons, makeup application and manicure and pedicure services may be provided as additional services.

[Added 6-26-2006 by L.L. No. 5-2006]

STORAGE YARD

An area of land where a person, firm or corporation stores materials related to a business.

STORY, HALF

That portion of a building which is under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story and which does not comply with the requirements for habitable floor area as defined herein.

STORY OF A BUILDING

That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it. A full story of a building shall maintain the measure of habitable floor area as defined herein. An attic accessible by fixed or movable stairs shall be considered as a "story" unless maintained unfurnished and without human occupancy, provided that it complies with the definition of habitable floor area as contained herein.

STREET or ROAD

An existing state, county or Town highway or a street shown on:

(1) The Official Map of the Town;

(2) A plat approved by the Town Planning Board; or

(3) A plat duly filed and recorded in the office of the County Clerk of Rockland County prior to the grant to the Town Planning Board of the power to approve plats, provided that such street shall have been suitably improved to the satisfaction of the Town Board.

STREET CENTER LINE

A line equidistant from each street line or, if no street line is established, the center line of the existing pavement or, if the street is unpaved, the center line of the existing traveled way.

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, DEAD-END

A street or a portion of a street with only one vehicular traffic outlet.

STREET LINE

See the definition of "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 PAVEMENT

The wearing or exposed surface of the roadway used by vehicular traffic, excluding curbs or gutters.

STREET RIGHT-OF-WAY

The distance between property lines, measured at right angles to the center line of the street.

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.

SURVEYOR

A person licensed as a land surveyor by the State of New York.

[Amended 6-24-2002 by L.L. No. 7-2002]

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside any building or inside any building.

TELEPHONE EXCHANGE

A completely enclosed building or structure designed and intended for the control and distribution of local telephone utility services.

TEMPORARY OFFICE TRAILER

A trailer located on a construction site for subdivisions and site plans, housing the temporary office of the contractor and his employees.

TEMPORARY STRUCTURE

A fully enclosed structure of a temporary nature intended for the storage of equipment and materials in connection with construction of residential or commercial development.

TERRACE

An open porch without a permanent roof.

THEATER

A building or part of a building devoted to showing moving pictures or stage productions on a paid-admission basis.

TOWN ENGINEER

The duly designated Engineer of the Town.

TOWN HOME

A two-story attached or semiattached dwelling unit. A town home would have no other unit above or below such unit.

[Added 6-26-2006 by L.L. No. 5-2006]

TOWN RECREATIONAL

Those facilities and the underlying lands the Town and the developer have agreed shall be restricted to active and passive recreation and transferred to or retained by the Town for public recreation.

[Added 6-26-2006 by L.L. No. 5-2006]

TRAILER, TRAVEL OR VACATION, OR RECREATIONAL VEHICLE

A motor-driven recreational vehicle or vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.

TRANSIENT

A rental period of 29 consecutive nights or less.

[Added 4-12-2022 by L.L. No. 1-2022]

UNDERLYING ZONING

The original zoning designation given to a parcel(s) of land within the Town prior to overlay zoning being superimposed on the parcel(s).

[Added 7-10-2017 by L.L. No. 4-2017]

USABLE OPEN SPACE

That part of the ground area of a lot which is:

(1) Devoted to outdoor recreational space and greenery.

(2) Not devoted to private roadways open to vehicular transportation, required buffer area, required yards, accessory off-street parking spaces or accessory off-street loading berths.

(3) Unobstructed, except as permitted by Article V or §§ 167-60 through 167-65.

(4) Accessible and available to all occupants of the site for whose use the space is intended.

(5) Having a minimum dimension of 60 feet and not located closer than 10 feet to any building, roadbed or parking space.

USE

The term is employed to refer to any purpose for which buildings or other structures or land may be occupied.

UTILITY POLES, LINES AND TOWERS

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

VEHICLE, COMMERCIAL

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

YARD, REQUIRED

Open and unobstructed ground area of a lot, except as specified in § 167-61, 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 required yard extending along the full length of the front lot line between the side lot lines.

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.

ZONING LAW

The officially adopted Zoning Law of the Town, together with any and all amendments thereto.

[Amended 6-24-2002 by L.L. No. 7-2002]

[1] Editor's Note: The definitions of "adult arcade or adult theater," "adult bookstore" and "adult cabaret," which immediately followed this definition, were repealed 1-22-2001 by L.L. No. 7-2001.

[2] Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.

[3] Editor's Note: See Cannabis Law § 61 et seq.

[4] Editor's Note: The definition of "development plan, minor site," which immediately followed this definition, was repealed 6-24-2002 by L.L. No. 7-2002.

[5] Editor’s Note: This local law was originally adopted as L.L. No. 6-2012 but was renumbered as L.L. No. 1-2013 upon filing with the Secretary of State.

[6] Editor's Note: The definition of "massage parlor," which immediately followed this definition, was repealed 1-22-2001 by L.L. No. 7-2001.

[7] Editor's Note: See Ch. 84, Fire Prevention and Building Construction.

[8] Editor's Note: See Ch. A176, Subdivision of Land.

[9] Editor’s Note: This local law was originally adopted as L.L. No. 6-2012 but was renumbered as L.L. No. 1-2013 upon filing with the Secretary of State.

§ 167-4 Street classifications.

A. For the purpose of providing for the development of a system of streets and highways in the Town 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 Town is hereby designated by one of the following street classifications:

[Amended 6-24-2002 by L.L. No. 7-2002]

(1) Local street: a street whose prime function is to give direct access to abutting residential property.

(2) Collector street: a street which collects the traffic generated by local streets and serves as a means of access from development areas to the secondary road system.

(3) Private roads: a street which serves subdivisions of not more than three lots.

(4) Key roads: a private street serving as the primary access through a multifamily residential development, a shopping center, an office development, and industrial development or other such development.

(5) Private: a street used to serve parking lots for multifamily residential developments, shopping centers, office developments, industrial developments and other such developments.

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 Town Master Plan.

C. The required front yard and maximum building height for any lot shall be measured as set forth for each street classification in § 167-53A.

D. The street classification for this purpose of each street or highway or portion thereof in the Town shall be as set forth in the Official Map of the Town of Haverstraw. Such map, together with everything shown thereon, is hereby made a part of this chapter.