A.Â
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)Â
Lessen congestion in the streets.
(2)Â
Secure safety from fire, flood, panic and other dangers.
(3)Â
Promote health and general welfare.
(4)Â
Provide adequate light and air.
(5)Â
Prevent the overcrowding of land.
(6)Â
Avoid undue concentration of population.
(7)Â
Make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor.
(8)Â
Facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements.
B.Â
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.
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."
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.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 "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.Â
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.Â
ACCESSORY BUILDING
ACCESSORY USE
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT USE BUSINESS
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
AFFORDABLE
AFFORDABLE HOUSING UNIT
AGE RESTRICTED
ALTERATION
AMUSEMENT CENTER
AMUSEMENT DEVICE
ANIMAL HOSPITAL
APARTMENT
APPLICANT
AREA, BUILDING
(1)Â
(2)Â
(3)Â
ASSISTED LIVING RESIDENCE
AUCTION ESTABLISHMENT
AUTOMOBILE OR TRAILER SALES AREA
AUTOMOTIVE BODY AND MACHINERY REPAIR SHOPS
BASEMENT
BEDROOM
BLOCK
BUFFER AREA
BUILDING
BUILDING, COMPLETELY ENCLOSED
BUILDING COVERAGE
BUILDING MARKER
BULK
BULK, NONCONFORMING
BULK REGULATIONS
BUSINESS
CAMP
CAMPSITE
CANNABIS AND TOBACCO PARAPHERNALIA SHOP
CANNABIS BUSINESS — INDUSTRIAL
CANNABIS BUSINESS — ON-SITE CONSUMPTION
CANNABIS BUSINESS — RETAIL
CARPORT
CELLAR
CHILD-CARE CENTER
CLUB
CLUBHOUSE
COMMERCIAL MESSAGE
COMMUNITY CENTER
COMMUNITY RESIDENCE
COMPLETE APPLICATION
CONCEPT DEVELOPMENT PLAN
CONDOMINIUM
CONSERVATION EASEMENT
CONSTRUCTION EQUIPMENT
CONVENTION AND CATERING FACILITY
CONVERSION
CONVERSION, CHANGE IN USE
CONVERSION, CONDOMINIUMS/COOPERATIVES
COOPERATIVE
COUNTRY COMMERCIAL
COURT, INNER
COURT, OUTER
CUL-DE-SAC
DAY-CARE CENTER, CHILD
DAY-CARE HOME, FAMILY
DECK
DENSITY, RESIDENTIAL
DEVELOPMENT COVERAGE
DEVELOPMENT PLAN, MAJOR SITE
DOMESTIC ANIMAL
DRIVE-IN
DUSTLESS SURFACE
DWELLING
DWELLING UNIT
EASEMENT
ENGINEER or LICENSED PROFESSIONAL ENGINEER
FAMILY
FENCE
FENCE, SOLID
FLOATING OVERLAY ZONE
FLOOR AREA, GROSS
FLOOR AREA RATIO
FUNERAL HOME
GASOLINE SERVICE STATION
GAS STATION, ONE-STOP
GATHERING PLACE
GRADE, ESTABLISHED
GRADE, FINISHED
GROSS LEASABLE AREA
GROUND AREA OF A BUILDING
GROUP-FAMILY DAY-CARE HOMES
GROUP HOMES AND COMMUNITY RESIDENCES
HEIGHT OF A BUILDING
HELIPORT
HOME OCCUPATION
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
INN
INSTITUTIONAL USE
JUNKYARD
KENNEL
LABORATORY, RESEARCH AND DEVELOPMENT
LAUNDERETTE, LAUNDROMAT AND COIN-OPERATED LAUNDRY
LIMITED-ACCESS ROAD
LINE, DESIGNATED STREET
LINE, STREET
LIVE/WORK UNIT
LIVING ACCOMMODATION
LOCATION OF ADULT ENTERTAINMENT USE BUSINESS
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
MAIN STREET
MAJOR SITE DEVELOPMENT PLAN
MANUFACTURING
MARINA
MARKET RATE
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE TECHNICIAN
MASTER PLAN
MAXIMUM AGGREGATE DENSITY
MINOR SITE DEVELOPMENT PLAN
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME STAND
MODULAR HOME
MONETARY COMPENSATION
NET BUILDABLE ACREAGE
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME
OCCUPANT
OFFER TO RENT
OFFICIAL MAP
OFFICIAL SUBMITTAL DATE
OUTDOOR DISPLAYS
PARKING AREA
PARKING SPACE
PDD OPEN SPACE
(1)Â
(2)Â
(3)Â
PERSON
PERSONAL SERVICES
PLANNING BOARD
PLAT
PORCH, OPEN
PREMISES
PREMISES OWNER
PRIVATE ROAD
PROFESSIONAL OFFICE
PUBLIC ROAD
PUBLIC UTILITY SUBSTATIONS
QUALIFYING-INCOME HOUSEHOLD (or QUALIFYING-INCOME FAMILY)
QUARRY
R DISTRICT
REGULAR MEETING
REHABILITATION PLAN
RESIDENCE
RESIDENCE, MULTIFAMILY
RESIDENCE, ONE-FAMILY DETACHED
RESIDENCE, ONE-FAMILY SEMIATTACHED
RESIDENCE, SINGLE-FAMILY
RESIDENCE, TWO-FAMILY
RESTAURANT
RESTAURANT, FAST-CASUAL
RESTAURANT, FAST-FOOD
RIDING ACADEMY
SCHOOL OF GENERAL INSTRUCTION
SCHOOL OF SPECIAL INSTRUCTION
SCREENING
SETBACK
SEXUAL ACTIVITIES
SEXUAL ENCOUNTER ESTABLISHMENT
SHOPPING CENTER
SHORT-TERM RENTAL
SIGN
SIGN, ANIMATED
SIGN AREA
SIGN, BUILDING
SIGN, BUSINESS
SIGN, DIRECTIONAL
SIGN, DIRECTLY ILLUMINATED
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, INDIRECTLY ILLUMINATED
SIGN, NONCONFORMING
SIGN, RESIDENTIAL
SIGN, ROOF
SIGN, TEMPORARY
SIGN, WALL
SIGN WALL AREA
SIGN, WINDOW
SITE PLAN
SPA
STORAGE YARD
STORY, HALF
STORY OF A BUILDING
STREET or ROAD
(1)Â
(2)Â
(3)Â
STREET CENTER LINE
STREET, COLLECTOR
STREET, DEAD-END
STREET LINE
STREET, LOCAL
STREET, MAJOR
STREET PAVEMENT
STREET RIGHT-OF-WAY
STREET, SECONDARY
STRUCTURE
SURVEYOR
SWIMMING POOL
TELEPHONE EXCHANGE
TEMPORARY OFFICE TRAILER
TEMPORARY STRUCTURE
TERRACE
THEATER
TOWN ENGINEER
TOWN HOME
TOWN RECREATIONAL
TRAILER, TRAVEL OR VACATION, OR RECREATIONAL VEHICLE
TRANSIENT
UNDERLYING ZONING
USABLE OPEN SPACE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
USE
UTILITY POLES, LINES AND TOWERS
VEHICLE, COMMERCIAL
YARD, REQUIRED
YARD, REQUIRED FRONT
YARD, REQUIRED REAR
YARD, REQUIRED SIDE
ZONING DISTRICT
ZONING LAW
Defined words. As used in this chapter, the following
terms shall have the meanings indicated:
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.
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]
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]
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]
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]
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]
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]
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]
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]
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.
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.
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.)
A facility for the care and treatment of animals, including
shelters and like facilities, other than animal kennels as defined
herein.
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]
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.
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.
FLOOR AREA, HABITABLERooms 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 7Â 1/2 feet or over for a minimum horizontal measurement of six feet, with sidewalls not less than 5Â 1/2 feet in height.
FLOOR AREA OF A BUILDINGThe 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 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.
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]
A fully enclosed building or structure in which goods are
sold at auction on a periodic basis.
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.
A building used for the repair of motor vehicles or machinery;
such repair shall be wholly within a completely enclosed building.
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.
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.
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]
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]
Any structure having a roof supported by columns or by walls.
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.
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]
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.
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.
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 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]
Any person, firm, association, partnership, corporation or
other entity for profit.
[Added 1-22-2001 by L.L. No. 7-2001]
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.
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.
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]
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
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]
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]
A roofed structure, with or without enclosing walls, used
for the storage of one or more automobiles.
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.
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]
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.
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.
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.
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.
See definition for "group homes."
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.
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]
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.
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]
Equipment, including but not limited to trucks, bulldozers,
backhoes, graders, etc., which is designed and intended for use during
site construction.
A fully enclosed building or structure in which dining and/or
meeting facilities are provided for community, professional and/or
business groups.
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.
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.
A change of status or ownership from a rental facility to
a condominium or cooperative form of ownership and/or management,
as defined herein.
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.
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]
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.
An open, uncovered, unoccupied space which has at least one
side opening on a legal open space.
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]
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.
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.
An open structure projecting from the outside wall of a structure.
The density of population in a district, measured by the
number of families per acre.
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]
A development plan for one or more lots which meets any one
or more of the following criteria:
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.
Premises constructed to cater primarily to the motoring public.
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.
A building or part thereof which contains one or more dwelling
units for permanent occupancy.
A building or part thereof containing complete housekeeping
facilities for one family.
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]
A person licensed as a professional engineer by the State
of New York.
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.
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]
A fence which is so constructed as not to contain openings
which can be seen through.
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]
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.
The gross floor area of all buildings on a lot divided by
the area of the lot.
A dwelling or other structure used by a professional licensed
mortician for burial preparation and funeral services.
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.
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.
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]
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 grades as shown on official plans or designs
relating thereto.
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]]
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.
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.
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.
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.
Any landing area used for the landing and taking off of helicopters,
including all necessary passenger and cargo facilities, fueling and
emergency service facilities.
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.
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]
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]
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]
Unless specifically defined elsewhere, includes hospitals,
nursing homes, sanatoriums, correctional institutions or other institutions
of a similar public or semipublic nature.
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.
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]
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.
Business premises equipped with individual clothes washing,
drying and/or dry-cleaning facilities for use by retail customers.
A highway which is completely separated from local traffic
with the exception of controlled entrances and exits at selected locations.
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.
The dividing line between the street and the lot.
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]
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]
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]
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
The total area included within the property lines of a lot,
measured on a horizontal plane.
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.
That part of the lot that is covered by impervious surfaces.
[Amended 6-26-2017 by L.L. No. 3-2017]
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]
A lot other than a corner lot.
A boundary 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.
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.
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]
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]
Any site development plan not classified as a minor site
development plan.
[Added 7-8-1991 by L.L. No. 3-1991]
Any process whereby the nature, size or shape of articles
is changed or where articles are assembled or packaged in quantity.
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]
(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]
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]
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]
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]
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]
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]
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]
Manufactured housing bearing a seal issued by the Federal
Department of Housing and Urban Development.
A designated site within a Mobile Home Residence District
for the exclusive use of the occupants of a single mobile home.
The area of the site reserved for the placement of a mobile
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]
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]
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]
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.
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, 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.
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]
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]
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]
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]
The display, in an unroofed area, of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.
An area devoted to motor vehicle parking by the occupants
of the dwelling located on the same building lot.
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).
That part of the ground area of a lot which is:
[Added 6-26-2006 by L.L. No. 5-2006]
Devoted to outdoor recreational space and greenery.
Not devoted to private roadways open to vehicular
transportation, required yards, accessory off-street parking spaces
or accessory off-street loading berths.
Accessible and available to all occupants of
the site for whose use the space is intended.
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]
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]
The Planning Board of the Town of Haverstraw as established
by the Town Board of the Town of Haverstraw.
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]
A roofed open structure projecting from the outside wall
of a building without window sash or any other form of permanent enclosure.
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]
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]
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]
The room or rooms in which are performed the practice of
a learned profession, including but not limited to law, medicine and
dentistry.
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]
A local facility designed and intended for the control of
the distribution of electricity and/or gas or other local utility
service.
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]
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.
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.
Meeting one or more times per month.
[Added 6-26-2017 by L.L.
No. 3-2017]
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.
A building or part thereof which contains one or more dwelling
units for permanent occupancy.
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]
A one-family residence which is separated from other buildings
by open space.
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.
A building on a lot occupied for residential purposes by
one dwelling unit only.
A detached building having two side yards and designed for
or occupied exclusively by two families or two single-family attached
residences.
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]
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]
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]
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.
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.
A school for the teaching of technical skills, trades, arts
or special education skills and accredited by the New York State Department
of Education.
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.
The required minimum horizontal distance between a building
or structure and the related front, side or rear 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 be female,
breast.
[Added 1-22-2001 by L.L. No. 7-2001]
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.
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]]
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]
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.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
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.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A sign which directs attention to a business, commodity,
service or entertainment.
A sign with sign area of not over two square feet, indicating
the direction or route to an establishment.
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.
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.
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.
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.
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.
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.
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.
Any sign that is used only temporarily and is not permanently
mounted.
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.
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.
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.
A plan for the improvement and development and/or redevelopment
of multifamily residential, commercial, research, laboratory and industrial
properties and other nonresidential development.
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]
An area of land where a person, firm or corporation stores
materials related to a business.
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.
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.
An existing state, county or Town highway or a street shown
on:
The Official Map of the Town;
A plat approved by the Town Planning Board;
or
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.
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.
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.
A street or a portion of a street with only one vehicular
traffic outlet.
See the definition of "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.
The wearing or exposed surface of the roadway used by vehicular
traffic, excluding curbs or gutters.
The distance between property lines, measured at right angles
to the center line of the street.
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.
A person licensed as a land surveyor by the State of New
York.
[Amended 6-24-2002 by L.L. No. 7-2002]
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.
A completely enclosed building or structure designed and
intended for the control and distribution of local telephone utility
services.
A trailer located on a construction site for subdivisions
and site plans, housing the temporary office of the contractor and
his employees.
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.
An open porch without a permanent roof.
A building or part of a building devoted to showing moving
pictures or stage productions on a paid-admission basis.
The duly designated Engineer of the Town.
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]
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]
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.
A rental period of 29 consecutive nights or less.
[Added 4-12-2022 by L.L.
No. 1-2022]
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]
That part of the ground area of a lot which is:
Devoted to outdoor recreational space and greenery.
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.
Accessible and available to all occupants of
the site for whose use the space is intended.
Having a minimum dimension of 60 feet and not
located closer than 10 feet to any building, roadbed or parking space.
The term is employed to refer to any purpose for which buildings
or other structures or land may be occupied.
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.
A wheeled or tracked conveyance used in a trade or business,
except for agriculture.
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.
A required yard extending along the full length of the front
lot line between the side lot lines.
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.
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.
[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.
A.Â
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)Â
Local street: a street whose prime function is to
give direct access to abutting residential property.
(2)Â
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)Â
Private roads: a street which serves subdivisions
of not more than three lots.
(4)Â
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)Â
Private: a street used to serve parking lots for multifamily
residential developments, shopping centers, office developments, industrial
developments and other such developments.
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 Town Master Plan.
C.Â
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.Â
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.