A.
In considering an application for a special permit
for any use, as provided in Columns 3 and 4 of the Use Table,[1] the Zoning Board of Appeals and Town Board shall take
into account the following:
(1)
Accessibility of the property involved in the application
to fire and police protection.
(2)
Access of light and air to the property and to adjoining
properties.
(3)
Traffic conditions.
(4)
Transportation requirements and facilities.
(5)
Water supply, sanitary and drainage facilities.
(6)
The size, type and kind of buildings, uses and structures
in the vicinity; and the suitability of the proposed use to said buildings,
uses and structures, including but not limited to the safety and convenience
of persons apt to gather in said buildings and/or any decrease or
impairment in the market value of said buildings, uses and structures
if the proposed use is granted.
(7)
The general safety, health, peace, comfort and general
welfare of the community-at-large.
(8)
Whether the location and size of the proposed use,
the nature and intensity of the operations involved, the size of the
site in relation to the use and the location of the site with respect
to existing or future streets giving access to it, parks and drainage
systems shall be such that it will be in harmony with the Town Master
Plan and Official Map.
(9)
That the location, nature and height of buildings,
walls and/or fences will not discourage the appropriate development
and/or use of adjacent land, uses, structures and buildings or impair
the value thereof.
(10)
In case of an application for a use involving
the storage, care and/or service of motor vehicles, the Zoning Board
of Appeals and Town Board shall consider any hazards arising from
the storage and use of flammable fluids.
[1]
Editor's Note: The Tables of General Use Requirements
are included at the end of this chapter.
B.
Operations in connection with any special use shall
not be more objectionable to nearby properties by reason of noise,
fumes, vibration or lights than would be the operations of any use
permitted by right.
C.
Prior to its determination of any application for
a special permit use, the Zoning Board of Appeals or Town Board shall
request and review a recommendation from the Planning Board as to
the above general considerations.
D.
After the granting of a special permit use, the application
for a building permit shall be referred to the Building Department.
[Amended 7-8-1991 by L.L. No. 3-1991]
E.
The Zoning Board of Appeals or Town Board shall not
grant any variance of the applicable provisions of this chapter when
considering a special permit application. After the granting of a
special permit use, the Zoning Board of Appeals or Town Board may
grant a bulk variance for other than minimum lot area, only if the
Planning Board, in reviewing the site plan, recommends that such variance
would be desirable to promote proper use of the site.
F.
It is further provided that, in granting or denying
a special permit, the Zoning Board of Appeals and/or Town Board shall
specify in its decision the particular grounds relied upon in reaching
such a determination.
G.
Prior to granting any special permit use, the Zoning
Board of Appeals shall ensure that the application and site plan comply
with all other applicable regulations, ordinances and local laws.
Whenever there is any conflict, the Board shall ensure that the most
restrictive regulation, ordinance or local law will prevail.
A.
Heliports.
(1)
Surfacing. Any area to be used by aircraft under its
own power shall be provided with a dustless surface.
(2)
Minimum distance to lot lines. No area to be used
by an aircraft under its own power shall be less than 200 feet from
any lot line, except that ends of runways shall be no closer than
400 feet to any lot line.
(3)
Fencing. Access to areas used by aircraft in motion
shall be controlled by fences and gates.
(4)
Screening. Screening of the site shall be provided
within 150 feet of an R District.
(5)
Accessory uses. Vending machines and aircraft repair
facilities, all within completely enclosed buildings, are permitted.
Storage below ground and the incidental sale of aviation gasoline
may also be permitted in connection with the operation of the heliport.
B.
Heliport maintenance and repair facility.
(1)
The minimum lot area shall be five acres.
(2)
The minimum lot width shall be 200 feet.
(3)
The minimum side yard depth shall be 50 feet.
(4)
The minimum rear yard depth shall be 75 feet.
(5)
The minimum front yard depth shall be 100 feet.
(6)
The maximum building height shall be 24 feet.
(7)
A minimum fifteen-foot buffer shall be provided adjacent
to any one-hundred-year floodplain.
(8)
Use of a heliport maintenance and repair facility
shall be limited to maintenance and temporary parking of helicopters,
emergency evacuation and transportation, rescue and medical services;
river patrols; and law enforcement operations.
(9)
Helicopter maintenance equipment shall not operate
earlier than 7:00 a.m. or later than 8:00 p.m.
A.
Swimming clubs or swimming pools, other than private
swimming pools, shall be classified and located as follows:
|
Type of Pool
(class)
|
Maximum Area
(square feet)
|
Minimum Setback From Any Property Line
(feet)
| |
|---|---|---|---|
|
A
|
Over 3,500
|
200
| |
|
B
|
2,501 to 3,500
|
175
| |
|
C
|
1,501 to 2,500
|
150
| |
|
D
|
1,500 or less
|
100
|
B.
All recreational facilities shall comply with the
following minimum setback requirements:
|
Type of Facility
|
Minimum Setback From Any Property Line
(feet)
| |
|---|---|---|
|
Handball courts
|
100
| |
|
Basketball courts
|
100
| |
|
Baseball diamond (not outfield)
|
100
| |
|
Volleyball courts
|
100
| |
|
Concession stands
|
100
| |
|
Established picnic areas (tables, barbecue pits,
etc.)
|
100
| |
|
Outfield relative to baseball or softball
|
50
| |
|
Parking areas
|
50
| |
|
Picnic grounds (not improved)
|
50
| |
|
Games normally involving less than 10 people,
such as horseshoe pits, nature trails, etc.
|
50
|
C.
Lighting. If outdoor lighting is required by the Zoning
Board of Appeals or Planning Board for any of the foregoing recreational
facilities which permit use of the facilities after 10:00 p.m., the
applicable setback requirements for such facilities shall be doubled.
All lighting shall be located so as not to be visible at the source
from any adjoining property. Floodlights on poles not less than 75
feet from any property line, directed toward the center of property
and shielded from any nearby residential area, shall be deemed to
comply with the latter regulation.
D.
Noise. Public-address systems or any other amplified
sound system shall be permitted only in accordance with standards
and requirements established by the Zoning Board of Appeals.
E.
Parking. All parking areas and spaces shall have dustless
surfaces.
F.
Use of pool. The maximum number of families permitted to use any swimming pool shall be the area in square feet of the swimming pool divided by 10. Any portion of a pool designed to hold less than two feet of water in depth shall not be included in the total pool area set forth in Subsection A above.
G.
Enclosed buildings. All indoor facilities shall be
located within completely enclosed buildings.
A.
Removal of topsoil. Removal of topsoil on a construction
site from the Town of Haverstraw is strictly prohibited unless approved
by the Zoning Board of Appeals.
B.
Special considerations. The proposed operation shall
not contribute to soil erosion by water and/or wind, nor shall it
adversely affect soil fertility, drainage and/or lateral support of
abutting land or other properties. The applicant must submit an erosion
control plan with his application.
C.
Hours of operation. In all districts, there shall
be no operations between 7:00 p.m. and 8:00 a.m. nor on Saturdays,
Sundays or legal holidays.
D.
Fencing. When any open excavation will have a depth
of 10 feet or more and create a slope of more than 30°, there
shall be a substantial fence at least six feet high, with suitable
gates where necessary, effectively blocking access to the area in
which such excavation is located. Such fence shall be located 50 feet
or more from the edge of the excavation.
E.
Slope. The slope of material in any excavation shall
not exceed the normal angle of repose or 45°, whichever is less.
F.
Access roads. Those portions of access roads within
the area of permit and located within 500 feet of a lot line shall
be provided with a dustless surface.
G.
Minimum distance from lot lines. The top of the natural
slope in cut for any excavation and any mechanical equipment shall
not be less than 50 feet from any lot line.
H.
Rehabilitation of the site. Before a special permit
is granted, a plan for rehabilitation, showing both existing and proposed
final contours, and a schedule showing the order in which the areas
of the site are to be worked, shall be submitted and approved by the
Zoning Board of Appeals. Prior to submitting the plan to the Secretary
of the Zoning Board of Appeals, the applicant shall submit the plan
for review by the local office of the Rockland County Soil and Water
Conservation District for its report, which shall be submitted with
the plan. After rehabilitation, the site shall be made reusable for
a use permitted in Column 2 of the Use Table[1] for the district. Sufficient arable soil shall be set
aside and shall be respread over the premises after the operation
by a layer of earth two feet thick or of original thickness, whichever
is less, capable of supporting vegetation. Fill shall be of a suitable
material approved by the Zoning Board of Appeals.
[1]
Editor's Note: The Tables of General Use Requirements
are included at the end of this chapter.
I.
Performance bond. Before the issuance of any special permit, the owner shall execute a bond in the amount recommended by the Town Engineer and approved by the Zoning Board of Appeals, to secure the aforesaid rehabilitation of the site in accordance with the plan specified in Subsection H above. Such bond shall also be approved by the Town Board as to the form, sufficiency and manner of execution and shall run for the same term as the term of the special permit.
The Town Board may grant a special permit for
the construction and operation of a nursery school, provided that:
A.
Such school shall comply with all licensing, site
area and dimensional requirements established for such schools by
the New York State Department of Education or Department of Social
Services.
B.
Such school shall have at least 250 feet of frontage
on an improved through or collector road as shown on the adopted Town
Master Plan.
C.
Maximum building area as a percent of lot area shall
not exceed 10%, and the maximum of building area plus paved area as
a percent of the lot shall not exceed 20%.
D.
All yard setbacks shall be equal to twice those required
in the adjoining district, but in no case shall such setbacks be less
than 75 feet.
E.
Adequate screening shall be provided, as required
by the Town Board, along all adjoining residential property boundaries
or across the street from residential properties, except where driveway
access is required.
The Town Board may grant a special permit for
the construction of a public utility substation or communication relay
station, provided that:
A.
The facility shall serve the area of the Town of Haverstraw
and/or immediately adjacent communities.
B.
The minimum lot for a public utility facility or communication
relay station shall be that required by the zoning district in which
it is located or one acre, whichever is greater. The maximum building
area, in percentage of the lot, shall be 25%. There shall be provided
suitable fencing to protect the public and evergreen planting of sufficient
height and density to screen effectively the substation from surrounding
property.
C.
Setbacks.
(2)
The Town Board may increase these required setbacks
or attach other conditions in order to prevent any hazard to the public
or noise nuisance to surrounding property. Substations which would
be a nuisance to surrounding property because of smoke, gas, odor,
heat or vibration shall not be permitted in any zoning district.
D.
There shall be adequate off-street parking, but in
no case less than two parking spaces.
E.
Utility substations to be dedicated to the Town. In those instances where the proposed public utility substation is to be dedicated to the Town, the requirements of Subsections B, C, and D shall be as determined by the Town Board at the time of granting the special permit.
[Added 6-24-2002 by L.L. No. 7-2002]
In any district, the Zoning Board of Appeals
may grant a special permit for a reasonable period of time not to
exceed one year for temporary office trailers.
In any residence district, the Town Board may
grant a special permit for the operation of a group home and/or community
residence for adults, subject to the following:
A.
The minimum lot area required for the establishment
of a group home shall be the same as that required for other dwellings
in the district in which it is located, except that the minimum lot
area requirement shall be increased by 10% for each nonsupervisory
resident in excess of six up to the maximum permitted number of 12.
B.
For purposes of furthering the state's dispersal and
deinstitutionalization policy, to prevent the undue concentration
of group homes in any one area and to preserve the social as well
as the physical character of one-family residential neighborhoods,
no new group-home facility shall be established within 1/2 mile of
any such existing facility.
C.
A minimum of one off-street parking space shall be
provided for each vehicle located at the group-care facility or operated
on a daily basis in connection therewith, but in no case shall less
than two off-street parking spaces be provided.
D.
In addition to all other normally required items of
information, the following additional documentation shall also be
submitted with the special permit application:
(1)
A copy of the operating certificate issued by the
New York State Department of Social Services or Department of Mental
Hygiene or the Office of Mental Hygiene.
(2)
Copies of all correspondence between the applicant
and the State of New York with respect to proposed changes in the
size of the facility.
(3)
A complete statement of the proposed type, number,
age and permanency of residence of the persons to be cared for, and
the number and qualifications of both resident and nonresident adult
supervisory personnel.
(4)
A complete statement of the applicant's plans for
the social and economic integration of the projected residents into
the community, including their educational, employment and recreational
needs, transportation and service requirements and any other such
information as may be relevant and determined necessary by the Town
Board.
(5)
A vicinity map indicating the location of the proposed
facility in relation to other existing group-care facilities or other
similar types of care facilities within a radius of two miles of the
subject site.
(6)
A floor plan indicating the use and arrangement of
space within the proposed facility.
Funeral homes shall be subject to the following:
A.
Bulk regulations.
(1)
Minimum lot size: 60,000 square feet.
(2)
Maximum lot coverage: 70%.
(3)
Maximum building height: 35 feet.
(4)
Yard setbacks shall be as follows:
|
Road Classifications
| ||||
|---|---|---|---|---|
|
Yard
|
Major
(feet)
|
Secondary
(feet)
|
Collector/Local
(feet)
| |
|
Front
|
30
|
20
|
50
| |
|
Yard
|
District Classification Commercial and
Professional Office
(feet)
| |
|---|---|---|
|
Side Rear
|
0 20
|
C.
Parking and driveways.
(1)
All parking spaces shall be a minimum of 10 feet by
20 feet and no spaces shall be within 10 feet of a property line.
(2)
Driveways shall not be located within 60 feet of any
street intersection and within 30 feet of any property line. The width
of driveways shall not be less than 20 feet for one-way traffic and
not less than 24 feet for two-way traffic, except for an access driveway
(connecting with a road), which shall be at least 30 feet wide.
All animal hospital facilities shall be maintained
in enclosed structures which shall be of soundproof construction and
so maintained as to produce no dust or odors at the property line.
Exercise pens and runways shall not be permitted within 200 feet of
any lot line and within 300 feet of the front yard line when such
line abuts a residential district.
Public utility rights-of-way shall be provided
only to the extent necessary to serve areas within the Town, subject
to such conditions as the Town Board may impose in order to protect
and promote the health and safety and general welfare of the community
and the character of the neighborhood in which the proposed structure
is to be constructed. All telephone, electric distribution lines and
transmission lines of 138 kilovolts and less shall be placed underground.
Day-care centers authorized by the New York
State Department of Social Services shall be subject to the following:
A.
The minimum lot size shall be two acres.
B.
A fenced-in outdoor play area shall be provided, but
said play area shall not be located nearer than 75 feet to any street
or lot line.
C.
No child day-care center shall be located in a private
family residence unless the portion of the residence where the children
have access is used exclusively for children during hours the center
is in operation or is separate from the usual living quarters of the
family.
D.
State licensing standards and requirements must be
met.
E.
Setbacks, screening and landscaping shall conform
to the pertinent portions of this Zoning Local Law.
F.
Structure shall meet building, sanitation, health,
traffic safety and firesafety code requirements.
G.
A minimum of one off-street parking space shall be
provided for each employee, plus an off-street drop-off/pickup area.
These should be elements of a site plan requiring municipal approval.
H.
Filing of a child-care registration form with the
Town of Haverstraw.
A.
A home occupation is an occupation or profession which:
(1)
Is customarily carried on in a dwelling unit.
(2)
Is carried on by a member of the family residing in
the dwelling unit.
(3)
Is clearly incidental and secondary to the use of
the dwelling unit for residential purposes.
(4)
Shall not utilize more than 25% of the total floor
area of the dwelling unit, and in no event more than 500 square feet.
(5)
Shall not be conducted in an accessory building or
outside the principal building.
B.
In no manner shall the appearance of the building
be altered or shall the occupation within the residence be conducted
in a manner that would cause the premises to differ from its residential
character, either by the use of colors, materials, construction, lighting,
size or the emission of sounds, noises or vibrations. No display of
products shall be visible from the street, and no stock-in-trade shall
be kept on the premises.
C.
The home occupation shall not increase the vehicular
traffic flow by more than one additional vehicle at a time and shall
not involve the use of outdoor storage of commercial vehicles for
delivery of materials to and from the premises.
D.
There shall be no exterior display or exterior sign,
except the following: one nameplate and/or one home occupation sign
of not more than two square feet in dimension. Such nameplate and/or
sign may not be indirectly illuminated unless it is set back at least
10 feet from the street line. There shall be no other exterior indication
of such home occupation or variation from the residential character
of the principal building.
E.
There shall be no storage or standing of any commercial
or construction equipment or the outdoor storage of materials. In
addition, there shall be no keeping of a stock-in-trade or the sale
of any goods or the use of any chemical, mechanical or electrical
equipment which is not a customary household appliance or light office
equipment.
F.
No more than one person outside the family shall be
employed on a full-time or part-time basis in connection with such
home occupation. In this context, "part-time" shall mean employment
for 21 hours per week or less.
G.
No home occupation shall create noise, dust, vibration,
odor, smoke, electrical interference, fire hazard or any other hazard
or nuisance to any greater extent or more frequent extent than that
usually experienced in the district under circumstances wherein no
home occupation were to exist.
H.
A home occupation is granted to the land, not to a
particular owner.
Gasoline service stations shall be subject to
the following:
A.
All repairs and services shall take place within a
principal structure.
B.
The walls of the principal structure shall be at least
25 feet from the side and rear property lines and at least 40 feet
from a street right-of-way line.
C.
All exit and entrance drives shall be at least 10
feet from any adjoining property line.
D.
Any fuel or air pump and filler pipe shall be located
25 feet from any property line.
Schools of special instruction shall be subject
to the following:
A.
Such schools shall be nonprofit organizations within
the meaning of the Internal Revenue Act.
B.
The prime purpose shall be the general education in
the arts and sciences, chartered by the Board of Regents of the State
of New York. The Town Board may condition continued approval of a
special exception use for a school upon receiving registration of
the school from the Board of Regents in accordance with the regulations
of the New York State Education Department.
C.
Such schools shall have a minimum site area of 10
acres and an additional two acres for each 100 pupils in excess of
500 pupils.
D.
Outdoor playing fields shall be screened from public
view by trees, hedges or other suitable shrubbery.
E.
Adequate roads for ingress and egress shall be provided
as required by the Planning Board and/or the Zoning Board of Appeals.
F.
The maximum permitted building height for such schools
shall be three stories, provided that all of the following conditions
are met:
(1)
The minimum site shall be 25 acres.
(2)
The minimum setback for buildings in excess of 26
feet in height shall be three times the building height as measured
from any adjacent undeveloped or residentially used property in a
residence district and five times the building height from any public
street.
(3)
Appropriate buffer screening shall be designed and
installed within setback areas adjoining or facing residential properties
to the extent determined appropriate by the Planning Board as a part
of the site plan approval process.
Restaurants with live entertainment shall not
be located within 150 feet of any residential district nor within
200 feet of any lot line of a school, place of worship, hospital,
nursing home, community residence or group home. Such restaurants
shall not operate, play or permit the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier
or similar device which produces, reproduces or amplifies sound in
any place of public entertainment at a sound level greater than L3 dBA as read by the slow response on a sound-level meter
at any point that is normally occupied by a customer, unless a conspicuous
and legible sign is located outside such place, near each public entrance,
stating WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.
Auction establishments may be permitted by the
Town Board, subject to the following requirements:
A.
The applicant shall provide information to the Town
Board as to the number of booths and vendors, the type of merchandise
to be sold and the hours of operation.
B.
Access points for auction establishments shall not
be located closer than 150 feet to the designated street lines of
any street intersection. The internal vehicular traffic circulation
system shall be designed to provide for safe and convenient travel
without the potential for traffic backing into other public traveled
ways or creating hazardous conditions for vehicles and pedestrians
within or proximate to the site. The location and design of such access
points shall be subject to approval by the Town Board.
C.
Booths, tables and other display areas in auction
establishments shall be considered structures and may not be located
in any required yard or setback. No outdoor display of merchandise
shall be permitted accessory to any indoor market.
D.
For purposes of parking computation for an auction
establishment, the floor area would be determined by defining the
perimeter of that area which would accommodate all of the display
areas, aisle space, storage areas and other accessory uses as if the
entire operation were enclosed within a structure.
E.
Adequate facilities for refuse disposal shall be provided
so as not to cause objectionable odors or appearance or create a health
hazard. Refuse disposal areas shall be enclosed on all sides.
Wholesale sales are permitted, subject to the
following requirements: Sales and showroom facilities shall be permitted,
provided that said products sold are not fabricated, processed, converted,
altered, assembled or reassembled on premises or locations on the
site in question or for wholesale sales in connection with a wholesale
business.
Automobile washing facilities may be permitted
by the Town Board, subject to the following requirements:
A.
Such facilities shall not be located closer than 400
feet to any residential district boundary line, school, hospital,
nursing home or other similar institutional use.
B.
Each facility shall provide waiting areas sufficient
for the queueing of not less than 15 automobiles for each automatic
car wash on the premises.
C.
Disposal and the means of disposal of wash water shall
be subject to approval by the Town Board, the Rockland County Health
Department and/or the Joint Regional Sewerage Board.
A.
A telephone exchange building shall be permitted,
provided that there is neither outdoor service and/or storage yard
nor a business office.
B.
One off-street parking space shall be provided for
every two employees on duty at the peak employment hour or one space
per 500 square feet of gross floor area, whichever is less. Parking
space shall be located only in side or rear yards and shall be permanently
improved.
C.
The building shall conform to the same yard setback
requirements applicable to adjoining residences, but no side yard
shall be smaller than 25 feet.
D.
The Town Board shall require suitable screening to
prevent nuisance to neighboring properties.
E.
A telephone exchange building shall be located on
a lot of at least five acres.
B.
The Town Board may require that such use be enclosed
by protective fencing with a gate.
C.
The installation shall be so designed, enclosed, painted
and screened that it will be harmonious with the area in which it
is located. The entire property shall be suitably landscaped and maintained
in good condition.
The lot area of libraries, museums and art galleries
shall not be less than five acres, nor shall lot coverage exceed 10%.
Multifamily housing in the WRD District shall
be subject to the following:
A.
Portions of a site which consist of a water body shall
not be considered as buildable lot area and shall not be considered
in satisfying the bulk requirements.[1]
[1]
Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.
B.
Areas of a site which are encumbered by easements
shall not be considered as buildable lot area and shall not be considered
in satisfying the bulk requirements.
C.
The first floor elevation of all buildings and parking
areas shall be above the limits of the floodplain as shown on FEMA
maps, adjusted for wave action, but in no case less than two feet
above the one-hundred-year frequency storm level.
D.
Two off-street parking spaces shall be provided for
each dwelling unit, at least one of which shall be enclosed in the
same building as the dwelling unit.
E.
The surface area of water bodies on a site shall be
no less after construction than before construction.
F.
Multifamily housing units shall be provided at or
below the following densities:
|
Stories
|
Dwelling Units per Acre
| |
|---|---|---|
|
1
|
4
| |
|
2
|
5
| |
|
3
|
6
| |
|
4
|
7
| |
|
5
|
8
| |
|
6
|
9
| |
|
7
|
10
| |
|
8
|
11
|
G.
The Town Board may provide for limitations on occupancy
to meet the needs of senior citizens where the head of a household
is at least 55 years of age.
H.
All multifamily housing developments shall provide
permanent public access to the Hudson Riverfront, as required by the
Town Board.
A.
The Town Board, pursuant to § 278 of the
New York State Town Law, may, in its discretion, modify applicable
provisions of this chapter, subject to the conditions listed below
and such other conditions as the Town Board may require. This authorization
shall be applicable only to lands zoned for residential purposes and
lying outside the limits of any incorporated Village. The purpose
of this authorization is to enable and encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities and to preserve the natural and scenic qualities
of open lands.
[Amended 6-24-2002 by L.L. No. 7-2002]
B.
If the owner makes written application for the use
of this procedure, it may be followed at the discretion of the Town
Board if, in said Town Board's judgment, its application would benefit
the Town.
C.
The application of this procedure shall result in
a permitted number of building lots or dwelling units which shall
in no case exceed the number which could be permitted, in the Town
Board's judgment, if the land were subdivided into lots conforming
to the minimum lot size and density requirements of this chapter applicable
to the zoning district or zoning districts in which such land is situated
and conforming to all other applicable requirements.
D.
In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the Town Board, detached,
semiattached, attached or multistory structures.
E.
In the event that the application of this procedure
results in a plat showing lands available for park, recreation, open
space or other municipal purposes directly related to the plat, then
the Town Board, as a condition of plat approval, shall establish such
conditions on the ownership, use and maintenance of such lands as
it deems necessary to assure the preservation of such lands for their
intended purposes.
F.
The proposed site plan, including areas within which
structures may be located; the height and spacing of buildings; open
spaces and their landscaping; off-street open and enclosed parking
spaces; and streets, driveways and all other physical features as
shown on said plan or otherwise described, accompanied by a statement
setting forth the nature of such modifications, changes or supplementations
of existing zoning provisions as are not shown on said site plan,
shall be subject to review and public hearing by the Town Board in
the same manner as set forth in §§ 276 and 277 of the
Town Law for the approval of plats.
G.
Upon the filing of the plat in the office of the County
Clerk or Registrar, a copy shall be filed with the Town Clerk.
H.
The provisions of this section shall not be deemed
to authorize a change in the permissible use of such lands as provided
in this chapter applicable to such lands.
[Added 1-22-2001 by L.L. No. 7-2001]
A.
No business or person shall construct, establish or
be issued a certificate of occupancy for any adult entertainment use
business within the Town of Haverstraw unless they have applied for
and obtained a special permit from the Town Board. To receive such
a special permit, the applicant must satisfy the following criteria:
(1)
An adult entertainment use business may be located
in a C Commercial District and shall not be located in any other residential,
business or industrial district.
(2)
No more than one adult entertainment use business
shall be located on any lot.
(3)
No adult entertainment use business shall be
established or permitted in any building of which any part is used
for residential purposes.
(4)
No adult entertainment use business shall be
established closer than 1,000 feet to any lot line of any other adult
entertainment use business.
(5)
No adult entertainment use business shall be
established closer than 1,000 feet to the lot line of any residential
district, which shall include any zoning district that permits residential
use; nor shall any adult entertainment use business be established
closer than 1,000 feet to any lot line of any residence in use at
the time of the application of the adult entertainment use business.
(6)
No adult entertainment use business shall be
established closer than 1,000 feet to the lot line of any church,
community center, funeral home, school, day-care center, hospital,
alcoholism center or drug treatment center, counseling or psychiatric
treatment facilities or public park.
(7)
Partial use. If greater than 50% of the surface area of any lot complies with the requirements of Subsection A(4), (5) and (6) above, the whole lot may be used for the purposes of an adult entertainment use business, providing that the premises housing any adult entertainment use business is at least 500 feet from any lot line of any residence in use at the time of the application for an adult entertainment use business.
(8)
The applicant must meet all other zoning regulations
of the Town of Haverstraw, including, but not limited to, the bulk
requirements of the C District and signage requirements applicable
to the C District. An adult entertainment use business shall be required
to comply with the parking requirements applicable to commercial recreational
establishments.
B.
Termination. Any adult entertainment use business in existence at the time of this section that fails to conform to the requirements of this section shall terminate within one year from the date of this section except that such adult business may continue for a limited period established by the Zoning Board of Appeals pursuant to Subsection C below.
C.
Amortization of adult entertainment use businesses. The Zoning Board of Appeals may permit any nonconforming adult business to continue for a limited period of time beyond the period set forth in Subsection B above, provided that:
(1)
An application is made by the owner of such
business to the Zoning Board of Appeals at least 120 days prior to
the date on which such business must terminate.
(2)
The Board shall find in connection with such
business that:
(a)
The applicant has made, prior to the nonconformity,
substantial financial expenditures related to the nonconformity; and
(b)
The applicant has not recovered substantially
all of the financial expenditures related to the nonconformity; and
(c)
The period for which such business or related
business sign may be permitted to continue is the minimum period sufficient
for the applicant to recover substantially all of the financial expenditures
incurred related to the nonconformity. For the purpose of this section,
"financial expenditures" shall mean the capital outlay made by the
applicant to establish the adult business or sign, exclusive of the
fair market value of the building in which such use or sign is located
and exclusive of any improvements unrelated to the nonconforming adult
business or nonconforming accessory business sign for the adult business.
[Added 2-9-2004 by L.L. No. 2-2004]
Oil change/lubrication facilities shall be allowed
at car wash facilities in commercial zones with the following restrictions:
A.
No more than two fully enclosed bays at each car wash.
B.
Hours of operation shall be limited to 8:00 a.m. to
6:00 p.m. each day.
C.
Owners and/or operators shall be required to have
contracts with licensed waste haulers to remove any waste or by-products
from the facility.
D.
Provision shall be made for the installation of oil
traps in the facility.
[Added 6-13-2011 by L.L. No. 2-2011]
A.
A country commercial use as designated by special permit issued by
the Town Board subject to the following restrictions:
(1)
Permitted in all zoning districts with the exception of the
R-120 and R-40 Districts.
(2)
Any such business establishment must have frontage on a fully
improved state or county road.
(3)
The minimum lot area required for a use permitted in this section
shall be 17,500 square feet.
(4)
If not specifically regulated in this section, the proposed
use shall comply with all other applicable bulk requirements of the
underlying zoning district in which the property is located, as contained
in the Table of General Bulk Requirements.
(5)
The principal structure shall not exceed 2,000 square feet of
building area (inclusive of finished and unfinished interiors) and
may include a single accessory apartment above the first-floor commercial
use, provided that this single accessory use has a valid certificate
of occupancy, does not exceed 900 square feet and is otherwise permitted
use in the Zoning District where the parcel of land is located.
(6)
The accessory apartment is required to have a minimum of two
parking spaces and the retail establishment is required to have a
minimum of four parking spaces per 1,000 square feet of gross floor
area (GFA), with at least one handicapped parking space included among
the required spaces. Specifically, the dimensions of the at-grade
parking spaces shall be for each standard space (18 feet length, nine
feet width and 24 feet aisle width) and for each handicapped space
(18 feet length, nine feet width and eight feet access aisle width).
(7)
All parking areas shall be suitably screened and buffered as
determined by the Planning Board during site plan review.
(8)
The use must be both environmentally appropriate and compatible
with a low density, suburban or rural residential environment as determined
in the sole discretion of the Town Board.
(9)
The building shall be designed so that it appears residential
in nature and is compatible with existing residential structures in
the area.
(10)
All buildings are required to have a pitched roof and flat roofs
are not permitted.
(11)
All uses permitted under this section shall be referred to the
Architectural Review Board.
B.
In addition to the particular requirements for such use (as delineated at Subsection A above) as determined in its sole discretion the Planning Board as part of a site plan review may require sight easements, fences, safety devices, landscaping, screening, access roads and/or buffer areas to the adjacent neighboring area.
