The uses which are listed in this section are
prohibited in all of the zoning districts in the Town.
A.
Manufacturing uses involving primary production of
the following products from raw materials:
(1)
Asphalt, cement, charcoal and/or fuel briquettes.
(2)
Chemicals: aniline dyes, ammonia, carbide, caustic
soda, cellulose, chlorine, carbon black and bone black, creosote,
hydrogen and oxygen, industrial alcohol, nitrates (manufactured and
natural) of an explosive nature, potash, plastic materials, synthetic
resins, pyroxylin, rayon yarn and/or hydrochloric, nitric, phosphoric,
picric or sulfuric acids.
(3)
Coal, coke and tar products, including but not limited
to gas manufacturing; explosives; fertilizers; and animal gelatin,
glue and/or size.
(4)
Linoleum, oilcloth, matches, paints, varnishes and/or
turpentine.
(5)
Rubber (natural or synthetic), soaps (including fat
rendering) and/or starch.
B.
The following processes: the nitrating of cotton or
other materials; the milling or processing of flour, feed or grain;
magnesium foundry; the reduction, refining, smelting and/or alloying
of metal or metal ores; refining secondary aluminum; refining petroleum
products, such as gasoline, kerosene, naphtha and/or lubricating oil,
etc.; the distillation of wood or bones; and the reduction and processing
of wood pulp and/or fiber, including all types of paper mill operations;
the distillation of any material to produce alcohol or other flammable
or volatile products.
C.
Operations involving stockyards and/or slaughterhouses,
taxidermists, grain elevators, slag piles and/or the keeping, breeding
and raising of livestock.
D.
The bulk or wholesale storage of gasoline above ground
and/or the storage of explosives, except under license from the State
of New York and in a manner and place conforming to the laws of the
State of New York and the American Table of Distances, and provided
that no more than 50,000 pounds are stored in any one magazine, all
subject to approval by the Town Board.
E.
Dumps, sanitary landfills, construction and demolition
debris landfills, except those owned and operated by the Town.
F.
Junkyards and auto wrecking yards.
G.
Quarries, stone crushers, screening plants and/or
the storage of quarry screening.
H.
Waste incinerators, waste recycling facilities, waste
collection, deposit, storage or processing, transfer stations or warehousing
facilities, except those owned and operated by or under contract with
the Town.
I.
A water tower or cooling tower or water tank owned
and operated by a public utility, which water tank or water tower
is located at or above ground level, shall be allowed as a special
permit use by the Zoning Board of Appeals on plots of three acres
or more, subject to the approval of the Town Board. No other water
tank or water tower above ground or cooling tower shall be permitted
unless the same is accessory to a principal industrial, laboratory-office
or commercial use in a C or PIO District, any or all of which may
occupy in the aggregate not more than 10% of the area of the roof
of the principal building.
J.
Trailers or mobile homes, except in Mobile Home Residence
Districts.
K.
The storage, either above or below ground, of any
type of hazardous or toxic wastes.
L.
Cemeteries.
A.
Height regulated. It shall be unlawful for any owner,
lessee or occupant, or any agent, servant, representative or employee
of any such owner, lessee or occupant, having control of any occupied
or unoccupied lot or land or any part thereof in the Town, to permit
or maintain on any such lot or land or on or along the sidewalk, street
or alley adjacent to the same between the property line and the curb,
or middle of the alley or for 10 feet outside the property line if
there is no curb, any growth of weeds, grass or other rank vegetation
to a greater height than 10 inches on the average or any accumulation
of dead weeds, grass or brush.
B.
Poisonous plants prohibited. It shall also be unlawful
for any such person or persons to cause, suffer or allow poison ivy,
ragweed or other poisonous plants or plants detrimental to health
to grow on any such lot or land in such manner that any part of such
ivy, ragweed or other poisonous plant or harmful weed shall extend
upon, overhang or border any public place, or to allow the seed, pollen
or other poisonous particles or emanations therefrom to be carried
through the air into any public place.
C.
Duty to cut and remove. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Subsection A.
D.
Action for noncompliance. If the provisions of Subsections A, B and C are not complied with, the Building Inspector shall serve written notice, either personally or by regular mail, upon the owner, lessee or occupant or any person having the care or control of any such lot or land, to comply with the provisions of Subsections A, B and C. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weeds, grass or other vegetation within five days after receipt of this notice, then the Town shall prosecute said person pursuant to Articles XIV and XV.
[Added 9-14-1998 by L.L. No. 15-1998[1]]
The exterior premises and the condition of structures
shall be maintained so that the premises and all buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from the point of view of adjoining
property owners or lead to the progressive deterioration of the neighborhood.
Such maintenance shall include, without limitation, the following:
A.
All exposed exterior surfaces shall be maintained
free of broken or cracked glass, loose shingles or loose or crumbling
stones or bricks, loose shutters, loose or rotting wood, railings,
aerials, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance. Said conditions shall be
corrected by repair or removal. Exterior surfaces of buildings and
structures that are not inherently resistant to deterioration shall
be sealed and regularly treated with a protective coating of paint
or other suitable preservative sufficient to prevent deterioration
and to maintain a neat and orderly appearance in accordance with the
standards of the surrounding neighborhood. Wood, masonry or other
exterior materials that will naturally resist deterioration do not
have to be treated but must be otherwise maintained in a sound, secure
workmanlike manner. Exterior surfaces that have been painted or otherwise
coated must be maintained in a neat, orderly, serviceable manner.
B.
The exterior of every building and structure shall
be maintained free of buckled, sagging, broken, partially missing,
rotted or decayed walls, doors, windows, porches, balconies, steps,
stairways, railings, balusters, chimneys and decorative trim. The
exterior of every building and structure shall be maintained so that
the appearance of the premises shall not constitute a blighting factor
for adjoining properties.
C.
All exposed surfaces shall be maintained free of damaged,
disintegrating, crumbling, broken or missing materials, excessive
pitting or corrosion and unsafe defects, and all broken or missing
glass panes shall be replaced.
D.
Every repair to and replacement of a portion of the
exterior of a building and structure or part thereof or appurtenances
thereto shall match and conform to the overall exterior design of
such structure.
E.
Roofs of every building or structure shall be maintained
weathertight and be equipped with gutters and downspouts connected
to the building or structure. All roofs, gutters and downspouts shall
be maintained in a good state of repair.
F.
All chimneys, cooling towers, smokestacks and similar
appurtenances shall be maintained structurally safe, sound and in
good repair. All exposed surfaces of metal or wood shall be protected
from the elements and against decay or rust by periodic application
of weathercoating materials, such as paint or similar surface treatment
where necessary.
G.
All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as lawful nonconforming
uses shall be maintained in good repair. Any signs that have become
excessively weathered, those upon which the paint has excessively
peeled or those whose supports have deteriorated so that they no longer
meet the structural requirements of the New York State Uniform Fire
Prevention and Building Code shall, with their supports, be removed
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supports, be removed.
Signs denoting a business which is no longer on the premises shall
be removed within 30 days of the date on which the business ceases
to occupy the premises.
H.
Any awnings or marquees and accompanying structural
members shall be maintained in a good state of repair. In the event
that said awnings or marquees are made of cloth, plastic or similar
material and are exposed to public view, such material shall not show
evidence of excessive weathering, discoloration, ripping, tearing,
holes or other deterioration.
I.
All property owners shall be required to maintain
the exteriors of their structures as the applicable approvals of the
Town of Haverstraw Planning Board, Architectural Board of Review,
Zoning Board and Building Department so grant. All nonconforming and
preexisting structures shall be required to comply with the requirements
of this section. All properties shall be so maintained so as not to
detract from or devalue the property.
A.
Construction, blasting, drilling or demolition shall
be permitted:
B.
Miscellaneous. Any other use, whether specified above
or not, that is of such a nature as to be detrimental to neighboring
properties by reason of the emission of odor, dust, refuse matter,
garbage, smoke, vibration, gas or noise or any other factor that is
dangerous to the comfort, peace, enjoyment, health or safety of the
area of the community shall be prohibited.
C.
Construction equipment and supplies.
(1)
Construction equipment and supplies shall not be kept,
stored or located on any residentially zoned property.
(2)
Construction equipment and supplies may be kept, stored
or located on any residentially zoned property where work is being
performed for which a building permit has been obtained through the
Building Department of the Town of Haverstraw. However, said construction
equipment and supplies may be kept, stored or located on said property
only for the period of time for which the construction equipment and
supplies are necessary to the work being performed. The determination
of the type, nature and number of construction equipment and supplies
to be located on the property shall rest solely within the discretion
and determination of the Building Inspector.
(3)
Any construction equipment and supplies which the
Building Inspector determines are unnecessary for the performance
of said work shall be removed immediately upon notification, written
or oral, by the Building Inspector. The paramount issue with respect
to this requirement is to ensure the rights of all citizens to the
quiet enjoyment of their property.
[Added 4-12-2022 by L.L.
No. 1-2022]
A.
Purpose. It is the purpose of this section to advance the public
health, safety, and welfare of the Town of Haverstraw, its residents,
and visitors. The purpose of this section is to prevent unregulated
tourist or transient-oriented uses within all permitted and pre-existing
nonconforming single-family, two-family, and multifamily dwellings
within the Town to protect and ensure the safety of the Town's current
and future residents and visitors to the Town as well as protect and
preserve the Town's appropriately balanced commercial and residential
nature and unique, tranquil neighborhood character as enacted by the
Town's zoning, subdivision, property maintenance and related local
laws.
B.
Short-term rentals prohibited.
(1)
It shall be unlawful for any person in any district within the
Town to rent or license, or offer to rent or license, any short-term
rental if the living accommodations are not lawfully licensed or permitted
for such use under the Town Zoning Code, such as, by way of example,
an inn.
(2)
No person, occupant, visitor, or other may use, reside, dwell,
or otherwise remain in any short-term rental.
(3)
Any provision of a lease or rental agreement, whether oral or
written, purporting to waive any provision of this section is unlawful.
(4)
Nothing in this section shall be construed as invalidating or
impairing the operation of, or the right of a landlord to restrict
occupancy in order to comply with federal, state or local laws, regulations,
ordinances, or codes.
(5)
A person or entity (including a principal of any entity) who
rents property from a premises owner or lawful lessee who is in violation
of this section shall be deemed to be an accessory to the offense
provided herein.
C.
Applicability.
(1)
The prohibition on short-term rentals shall apply to all single-family,
two-family, and multifamily residences and living accommodations within
the Town.
(2)
The prohibition on short-term rentals shall not apply to a commercial
hotel/motel business or bed-and-breakfast establishment operating
exclusively as such and which is lawfully licensed or permitted for
such use pursuant to the Town Zoning Code and regulated by applicable
state, county and local law or ordinance.
(3)
The prohibition on short-term rentals shall not preclude the
creation of a mortgage, lien, easement or other similar interest that
encumbers a residential property as a whole to secure a loan or for
any other legitimate purpose.
D.
Penalties for offenses.
(1)
Any person who shall violate § 167-40.1 regarding the prohibition of short-term rentals shall be liable to a fine of at least $1,000 and not to exceed $3,500 for the first offense, and shall be liable for a fine of at least $3,500 and not to exceed $7,500 for a second offense committed within three years of the first offense and shall be liable for a fine of at least $7,500 and not to exceed $ 10,000 for a third offense committed within three years of the commission of the second offense. Each short-term rental period or living accommodation offered or rented shall be considered a separate offense.
(2)
In addition to the foregoing, the Town shall have such other
remedies for any violation or threatened violation as are now or may
hereinafter be provided by law or in equity, including, but not limited
to, to seek injunctive relief in any civil court having jurisdiction
over this matter to prevent and/or enjoin any violation or violations
of this section.
