The bulk regulations in the Bulk Table[1] shall be supplemented by and subject to the additional regulations and exceptions set forth in this article.
[1]
Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.
A.
Required front yards and maximum height. All required front yard depths in Bulk Table, Column 6, and all maximum building heights based on front lot lines in Bulk Table, Column 10,[1] shall be measured from a line hereby established as the designated street line, which shall be parallel to the street center line and at the distance from such street center line specified below for each street classification as established for each street on the Official Map of the Town of Haverstraw:
[Amended 7-8-1991 by L.L. No. 3-1991]
Street Classification (as in § 167-4) | Distance of Designated Street Line From Street Center Line (feet) | |
|---|---|---|
Major | 40 to 60 | |
Secondary | 30 to 40 | |
Collector | 30 | |
Local | 25 |
[1]
Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.
B.
Corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The Building Inspector shall determine, and so designate on the plot plan, which of the remaining two required yards shall be the side and rear yards, respectively.
If any lot is divided by a district boundary, the part of such lot within each district shall be regulated by all the bulk regulations of that district. The number of dwelling units for each part of the lot shall not exceed the number permitted by the district in which the respective part is located, and the averaging of dwelling units shall not be permitted. If a lot is divided by a zoning district boundary and such lot is capable of providing only a single residential dwelling, then such dwelling shall conform to the requirements of that district which encompasses the majority of the land area of the lot.
Where a lot line lies within 25 feet of the boundary of a more restrictive district, the required yard and building height requirements along such lot line shall conform to the minimum regulations of said more restrictive district.
A.
Dimensions of outer courts. An outer court shall be either at least 20 feet wide, as wide as its depth or as wide as the height of the highest wall adjoining said court, whichever is the greatest.
B.
Dimensions of inner courts. An inner court shall be at least 50 feet in the least horizontal dimension. Two open, unobstructed passageways, each at least eight feet high and nine feet wide, to permit access by firefighting equipment, shall be provided at ground level to any inner court.
No principal residential building shall be closer to any other principal building on the same lot than the height of the taller of the two buildings, provided that the minimum spacing shall be 30 feet.[1]
[1]
Editor's Note: Former § 38-8.1.6, Minimum lot frontage, which immediately followed this section, was deleted 7-8-1991 by L.L. No. 3-1991.
[Added 1-10-2011 by L.L. No. 1-2011]
A.
Houses of worship, such as churches synagogues, mosques and other similar uses, are permitted as of right in every zoning district in the Town of Haverstraw.
B.
Schools, meeting halls and community centers which conduct activities accessory to houses of worship are permitted on any lot containing a house of worship, as an accessory use in every zoning district in the Town of Haverstraw.
C.
Bulk regulations for all uses permitted pursuant to this section.
(1)
Minimum lot area: one acre/43,560 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum street frontage: 200 feet.
(4)
Minimum front yard: 60 feet.
(5)
Minimum side yard: 35 feet.
(6)
Minimum total side yards: 80 feet.
(7)
Minimum rear yard: 40 feet.
(8)
Maximum height: 2 1/2 stories/35 feet.
(9)
Floor area ratio (FAR): 0.10.
D.
Parking. One parking space shall be required for every four worshippers accommodated. In the event there is an accessory school, community center and/or meeting hall there shall be an additional parking space for every 250 square feet of space in such accessory structure(s).
(1)
Location of parking areas. Parking areas shall be located only in side and rear yards.
(2)
Parking area setback. Parking areas shall provide a minimum setback of 10 feet from any adjoining property line. This area shall be suitably screened with landscaping and/or fencing or a combination of both, which shall be determined by the Planning Board.
E.
Steeples, spires, minarets and similar architectural features may exceed the height limitations in this section, but by no more than 15 feet.
F.
A gathering place consists of a portion of a single-family residence or an addition to a single-family residence. The following are the minimum requirements for a gathering place special permit use:
[Added 6-26-2017 by L.L. No. 3-2017]
(1)
Any single-family residence may be used as a gathering place.
(2)
The owner or the tenant, consisting of an individual or family, must reside on site. If the property is owned by a corporation, partnership or limited-liability company, at least one partner, shareholder or member, as the case may be, must reside in the single-family residence.
(3)
The lot size should conform to the requirements of the zone in which it is located. Any variances granted in the approval of the original lot and structure will be deemed conforming.
(4)
Gathering places must comply with all applicable sections of the then-current New York State Uniform Code.
(5)
All applicable sections of the then-current New York State Uniform Code will be used to determine potential maximum occupancy limits.
(6)
For regular meetings that are held in locations that exceed the occupancy limit as defined in the definition of a "gathering place" and therefore must comply with this section, the occupancy will be determined upon review of the narrative provided with the special permit application and the specifics of the site. There is no guarantee that the maximum occupancy calculated pursuant to the then-current New York State Uniform Code will be permitted as it is subject to substantive and reasoned review by the Planning Board to determine the appropriate maximum number; however, the Planning Board shall use its discretion to establish an appropriate occupancy that balances the needs of the organization with the safety concerns that form the basis for this subsection.
(7)
The narrative shall include a general description of the proposed use, including the days and times of operation. In addition, a floor plan shall be provided indicating the location of the area(s) where assembly will occur and providing the additional information as required in the then-current New York State Uniform Code.
(8)
All plans shall be prepared to scale with certification by the individual preparing the plan that it is an accurate representation of the conditions, but the plans need not be signed and sealed by a licensed professional.
(9)
The special permit use will remain in effect for one year and must be renewed upon expiration or it shall be deemed expired. An affidavit of no change may be presented to the Building Inspector to allow for renewals without the requirement of a further public hearing upon the requested renewal. An affidavit of no change shall include a statement granting permission for inspection by the Building Inspector/Fire Code Official to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. The Building Inspector/Fire Code Official shall conduct an annual fire inspection prior to issuing a renewal.
(10)
The special permit is based upon the information submitted at the time of application. Any change to the use, ownership and characteristics as presented will necessitate filing for a revised permit for review and determination. The existence of a prior permit is not a guarantee of renewal. Applicants must demonstrate compliance with the conditions of approval for renewal or in the event of a change in circumstances obtain a revised special permit and where applicable site plan approval.
(11)
The lot shall comply with zero net runoff requirements.
(12)
Parking. The applicant will first maximize parking spaces on site. The applicant may count spaces available in driveways within 300 feet of the gathering site, provided letters of authorization for these spaces are provided to the Planning Board and permission to utilize such spaces is not withdrawn. In the event of a change of ownership of a nearby property that had previously permitted parking, a letter must be provided by the new owner to the Building Inspector reaffirming that permission to park on that owner's property has been granted. These spaces are to be allocated fully before on-street parking resources may be requested. No on-street parking is permitted on state or county roads. The Planning Board may count on-street parking spaces on other roads if it determines that the request is consistent with public safety and does not violate existing parking restrictions.
(13)
Required number of parking spaces. The Planning Board shall determine the required number of parking spaces, consistent with the proposed assembly and then-current parking requirements for places of assembly within the Town.
(14)
Lighting. The applicant should provide the minimum effective lighting to permit safe operations. Low-level lighting or bollards are the preferred lighting device for residential and task lighting.
(15)
The gathering place should maintain the appearance of a typical residence to the maximum extent possible.
(16)
Signs are not permitted.
(17)
Grandfathering of existing gathering places without approvals is not permitted. Anyone currently operating a nonpermitted gathering place is required to file for special permit approval.
(18)
The applicant must comply with the requirements of the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(19)
The Town Board shall, from time to time by resolution, establish fees for inspections, as well as issuance and renewal of permits issued pursuant to this section.
No detached accessory building shall be closer to any principal building than a distance equal to the height of such accessory building, and in no event less than 15 feet.
A.
A lot, either owned individually and separated from any adjoining tracts of land on the effective date of this chapter or located in any part of a subdivision plat which has been given preliminary approval by the Planning Board prior to such date, which has a total area or lot width less than the minimum required in the Bulk Table,[1] may be used for a single-family detached residence, provided that such lot shall conform to the use regulations and all the other bulk regulations, except as follows:
District | Lot Width (feet) | Minimum Each Side Yard (feet) | |
|---|---|---|---|
R-120 | 200 to 150 149 or less | 40 30 | |
R-40 | 150 to 110 109 or less | 30 20 | |
R-25 | 125 to 100 99 or less | 20 15 | |
R-15 | 100 to 80 | 20 | |
79 or less | 15 | ||
RG | 80 to 45 44 or less | 15 7.5 | |
RMH | 100 to 80 | 20 |
[1]
Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.
All required yards, courts and/or usable open spaces shall be unobstructed, except as provided in this section. Since required yards, courts and/or usable open spaces shall be open to the sky, an obstruction shall include the projection of a structure into such spaces at any level above ground.
A.
Arbors, etc. An arbor, open trellis, flagpole, unroofed steps or unroofed terrace is not considered an obstruction, provided that said unroofed terrace does not exceed one foot above ground level. Recreation or laundry-drying yard equipment shall be permitted in any required yard, court or usable open space.
B.
Awnings or movable canopies. An awning or movable canopy may project not more than 10 feet; cornices or eaves may project not more than 18 inches; a windowsill or belt course may project not more than six inches into a required yard, court or usable open space.
C.
Open fire escapes. An open fire escape may project not more than six feet into a required yard or court but shall not project into any usable open space.
D.
Off-street parking spaces.
(1)
Accessory off-street parking spaces are not permitted in required front yards, and no off-street parking space shall be located within any required usable open space. No enclosed accessory off-street parking space, including a garage, is permitted in a required front yard.
(2)
However, where, by reason of exceptional topography, it is impractical to construct an accessory garage behind the required front yard, the Zoning Board of Appeals may permit the construction of no more than two enclosed parking spaces within a required front yard, accessory to a residence. In determining the proper location for such facility, consideration shall be given to traffic safety and the effect on nearby property.
E. 
Corner lots. No shrubbery, hedge or other natural growth, fence (except a transparent fence, such as chicken wire, in which the solid area is not more than 5% of the total area of the fence) or wall more than two feet higher than the apex of the center line of the street shall be located within the triangular area shown shaded in Sketch A below at the intersection of two streets. Nor shall the limbs or foliage on any tree obstruct vision or be permitted to grow nearer to the ground than eight feet where such limbs or foliage overhang or are over land within the triangular area as shown in Sketch A. No accessory off-street parking space shall be located within the triangular area as shown in Sketch A.
F.
Fences and walls. A solid or freestanding wall not more than 4 1/2 feet in height is permitted along any lot line. Any such solid fence or wall over such height is permitted, provided that it is set back from the lot line a distance equal to 2/3 its height. However, where screening is required by Town agencies or provisions hereof, such height limitations shall be six feet without setback or as required by the Zoning Board of Appeals. A nonsolid fence not more than six feet in height is permitted along any lot line. No fence or solid wall in excess of 4.0 feet shall be permitted in any front yard on a residential lot. Any such fence cannot be a solid fence as to obstruct visibility. Said fences or solid walls in excess of 4.0 feet shall only be permitted in front yards when by requirement of the Town Board of the Town of Haverstraw or by the Planning Board of the Town of Haverstraw. Any fence, wood, stockade, chain link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts shall be placed on the inside of the fence.
[Amended 1-22-2001 by L.L. No. 6-2001; 4-28-2003 by L.L. No. 8-2003]
G.
Accessory buildings in required side or rear yards. A building accessory to a single-family or two-family dwelling in any district except R-120 or R-40 may be located in any required side or rear yard, provided that it does not exceed 12 feet in height, it is set back from any lot line 1 1/2 times the height of such building, no less than 15 feet in the R-25 District and no less than 10 feet in the R-15, RG and RMH Districts, and the floor area of all such buildings on the lot does not exceed 3% of the area of the lot.
H.
Accessory buildings in required front yards. Where necessary and appropriate, the Zoning Board of Appeals may permit any one of the following structures accessory to a commercial or industrial use in the PO, C and PIO Districts or to an institutional use in any district: one dwelling unit for a caretaker, gatehouse, reception office or watchman's post. Such structures may encroach on a required front yard, provided that such accessory building is set back at least 25 feet from the front lot line and 10 feet from any other lot line and does not cover more than 1% of the area of the lot and has a height of no more than 25 feet.
I.
Location of loading berths. No accessory off-street loading berth, whether open or enclosed, shall be located within a required front yard.
A.
No more than 50% of the following shall be counted as part of any minimum lot area requirement under this chapter: any land underwater (subject to or within the one-hundred-year-frequency floodplain), within easements or rights-of-way for overhead utilities or within a designated street line of any street. At least 50% of the minimum lot area requirement shall consist of land without the above impediments. The application of this section to any particular lot shall be the responsibility of the Planning Board at the time of site development plan approval or subdivision plat approval.
B.
In addition, for areas with slopes greater than 20%, lot areas of those portions of the site shall be reduced in accordance with the following table:
[Amended 7-8-1991 by L.L. No. 3-1991]
Slope (percent) | Reduction (percent) | |
|---|---|---|
20 to 25 | 25 | |
25 to 30 | 50 | |
30 to 35 | 75 | |
Over 35 | 100 |
C.
Said reductions shall apply in determining compliance with minimum lot area and density requirements.
[Added 7-8-1991 by L.L. No. 3-1991]
A lot in a PIO District, separated from any adjoining tracts of land prior to the effective date of this chapter, whose lot width is less than the minimum requirement set forth in the Bulk Table, shall be developed in conformance with the use regulations and all other bulk regulations, except that the total width of both required side yards may be reduced by one foot for each foot the lot width is less than 150 feet, provided that no required side yard may be less than 30 feet.
[Amended 1-22-2001 by L.L. No. 6-2001; 5-13-2002 by L.L. No. 5-2002]
Where the configuration of a residential lot or unique topographic conditions warrant, the Planning Board may modify the minimum lot width and/or lot frontage requirement for lots fronting on a cul-de-sac (turnaround). However, any reduction in lot width and/or lot frontage shall not exceed 25%.
A minimum fifteen-foot buffer shall be provided adjacent to any one-hundred-year floodplain.
A.
Yards, spacing of buildings and screening. No building, tent or facility shall be less than 100 feet from any lot line, and no two buildings intended for use as sleeping quarters shall be closer than 30 feet to each other, except tents, which shall be not less than 10 feet apart. Open activity or recreation areas, such as swimming pools and ballfields, shall be no closer than 175 feet to any lot line. Screening is required between such use and any other use.
B.
Minimum area. The minimum plot shall be at least 10,000 square feet per cottage, tent or other principal building and no less than 3,000 square feet per person admitted to the premises, but in no case less than 60,000 square feet.
C.
Operations. The Planning Board may impose reasonable conditions regarding outdoor lighting and noise.
A.
Multifamily housing in the RG District shall not be located with access on any local roads as shown on the Official Map of the Town of Haverstraw.
B.
Access facilities shall be adequate for the estimated traffic to and from the site to assure public safety and avoid traffic congestion.
C.
Vehicular entrances and exits shall provide adequate sight distance.
D.
No building shall exceed 100 feet in length.
E.
The minimum distance between principal buildings shall be as follows:
(1)
Sixty feet between front elevations.
(2)
Sixty feet between front and rear elevations.
(3)
Thirty-five feet between side elevations.
(4)
Twenty feet between principal and accessory buildings.
(5)
Thirty-five feet between side and rear or front elevations.
(6)
In no case shall the distance between two buildings be less than the height of the taller building.
F.
Any courtyard shall have a minimum dimension of 25 feet.
G.
Off-street parking areas shall be no closer than 10 feet to any building, lot line or recreational area.
H.
Site development plan review shall be required for all conversions of rental multifamily housing to condominium or cooperative ownership.
I.
Each dwelling unit shall be provided with a private outdoor space, which may consist of any of the following: patio-terrace, garden, courtyard, deck, or balcony. Such private outdoor space shall be immediately adjacent to the dwelling unit which it serves.
[Added 7-10-2017 by L.L. No. 4-2017; amended 2-25-2025 by L.L. No. 1-2025]
B.
Permitted uses and bulk requirements.
(1)
Permitted uses.
(a)
Retail sales and services.
(b)
Personal services.
(c)
Professional, administrative, medical and business offices.
(d)
Child-care center.
(e)
Studios for dance, music, fitness, art, or photography.
(f)
Pharmacy.
(g)
Banks, including a drive-through.
(h)
Restaurant, including fast-casual but excluding fast-food and drive-through restaurants.
(i)
Delis, cafes and bakeries.
(j)
Governmental uses.
(k)
Parks, open space uses, and plazas.
(2)
Bulk regulations for all uses permitted pursuant to this section.
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 150 feet.
(c)
Minimum street frontage: 150 feet.
(d)
Minimum front yard: 25 feet.
(e)
Minimum side yard: 20 feet.
(f)
Minimum total side yards: 40 feet.
(g)
Minimum rear yard: 40 feet.
(h)
Maximum height: two stories; 28 feet.
(i)
Maximum building coverage: 20%.
(j)
Maximum lot coverage: 60%.
(k)
Floor area ratio (FAR): 0.35.
(l)
Minimum landscaped area: 15% of total site area.
(m)
Minimum planted landscaped buffer area: 10 feet adjacent to a nonresidential zone and 20 feet adjacent to a residential zone.
(3)
Parking.
(a)
The required number of parking spaces shall be in accordance with the requirements of this chapter. However, for governmental uses permitted to be applied to the Route 202 Floating Overlay Zoning District, as part of the Planning Board’s site plan review it shall determine the satisfactory amount of parking for the specific use and development at issue.
(b)
Location of parking areas. Parking areas shall be located only in side and rear yards.
(c)
Parking area setback. Parking areas shall provide a minimum setback of 10 feet from any adjoining property line which is located in a nonresidential zone and 20 feet from any adjoining property line which is located in a residential zone. This area shall be suitably screened with landscaping and/or fencing or a combination of both, which shall be determined by the Planning Board.
(d)
Parking stall size shall be nine feet in width by 18 feet in depth.
(e)
The aisle width between ninety-degree parking stalls shall be 24 feet.
(4)
Walkways. Sidewalks should be compatible with adjacent development to create continuity and visual linkage. Pedestrian walkways should connect parking lots to main building entrances. Street sidewalk should connect to building entrance for easy access for pedestrian traffic.
(5)
Site lighting. All lighting fixtures should be decorative in design and should complement the architectural and design themes established for the site. The light source (lamp) should only be metal halide or LED. The lamp type selected should be consistent throughout the site. Illumination levels shall not exceed the recommended levels established by the most recent publication of the Illuminating Engineering Society of North America, as assigned by activity or use. Light sources should not be visible, and should be shielded to reflect down onto the ground and not out onto the streets or neighboring property.
[Added 7-10-2017 by L.L. No. 4-2017]
B.
Uses permitted by special permit of the Town Board and bulk requirements.
(1)
Uses permitted by special permit of the Town Board.
(a)
Assisted living residence. If developed for an assisted living residence, then no lot, parcel or tract of land and no building or structure shall be used and no building shall be altered or erected to be used for any other purpose than an assisted living residence.
(2)
Bulk regulations for all uses permitted pursuant to this section.
(a)
Minimum lot area: 3.5 acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum street frontage: 300 feet.
(d)
Minimum front yard: 60 feet.
(e)
Minimum side yard: 40 feet.
(f)
Minimum total side yards: 80 feet.
(g)
Minimum rear yard: 60 feet.
(h)
Maximum height: three stories; 35 feet.
(i)
Maximum building coverage: 20%.
(j)
Maximum lot coverage: 40%.
(k)
Floor area ratio (FAR): 0.40.
(l)
Minimum landscaped area: 15% of total site area.
(m)
Minimum planted landscaped buffer area: 15 feet adjacent to a nonresidential zone and 30 feet adjacent to a residential zone.
(3)
Density. The maximum permitted density shall not exceed 30 units per acre.
(4)
Parking:
(a)
Parking spaces required for every unit accommodated: 0.5.
(b)
Location of parking areas. Parking areas shall be located only in side and rear yards.
(c)
Parking area setback. Parking areas shall provide a minimum setback of 20 feet from any adjoining property line or required landscaped buffer area. This area shall be suitably screened with landscaping and/or fencing or a combination of both, which shall be determined by the Planning Board. This area is in addition to any required landscaped buffer area.
(5)
Walkways. Sidewalks should be compatible with adjacent development to create continuity and visual linkage. Pedestrian walkways should connect parking lots to main building entrances. Street sidewalk should connect to building entrance for easy access for pedestrian traffic.
(6)
Site lighting. All lighting fixtures should be decorative in design and should complement the architectural and design themes established for the site. The light source (lamp) should only be metal halide or LED. The lamp type selected should be consistent throughout the site. Illumination levels shall not exceed the recommended levels established by the most recent publication of the Illuminating Engineering Society of North America, as assigned by activity or use. Light sources should not be visible, and should be shielded to reflect down onto the ground and not out onto the streets or neighboring property.
[Added 11-26-2018 by L.L. No. 8-2018]
B.
Uses permitted by special permit of the Town Board and bulk requirements
(1)
Uses permitted by special permit of the Town Board:
(a)
Assisted living residence. If developed for an assisted living residence, then no lot, parcel or tract of land and no building or structure shall be used and no building shall be altered or erected to be used for any other purpose than an assisted living residence.
(b)
A four-story building is permitted only if the first floor is dedicated entirely to common elements and amenities and no residential units are permitted on the first floor.
(2)
Bulk regulations for all uses permitted pursuant to this section.
(a)
Minimum lot area: 4.5 acres.
(b)
Minimum lot width: 350 feet.
(c)
Minimum street frontage: 350 feet.
(d)
Minimum front yard: 100 feet.
(e)
Minimum side yard: 45 feet.
(f)
Minimum total side yards: 90 feet.
(g)
Minimum rear yard: 45 feet.
(h)
Maximum height: four stories/45 feet, as long as the first floor is dedicated to common elements and amenities.
(i)
Maximum building coverage: 20%.
(j)
Maximum lot coverage: 50%.
(k)
Floor area ratio (FAR): 0.65.
(l)
Minimum landscaped area: 30% of total site area.
(m)
Minimum planted landscaped buffer area: 15 feet adjacent to a nonresidential zone and 30 feet adjacent to a residential zone.
(3)
Density. The maximum permitted density shall not exceed 30 units per acre.
(4)
Parking:
(a)
Parking spaces required for every unit accommodated: 0.8.
(b)
The Planning Board may reduce the required number of parking spaces upon demonstration by the applicant that the required number exceeds the actual peak parking demand and a demonstration that such reduction would not induce parking on public ways or result in hazardous conditions for vehicles and pedestrians within or proximate to the site. This reduction by the Planning Board may not exceed 20% of the normally required amount.
(c)
Location of parking areas. Parking areas shall be located only in side and rear yards, except in cases where a fifty-foot landscaped buffer is provided between the parking area and the front property line. This area is to be suitably landscaped and screened to the satisfaction of the Planning Board.
(d)
Parking area setback. Parking areas shall provide a minimum setback of 20 feet from any adjoining property line or required landscaped buffer area. This area shall be suitably screened with landscaping and/or fencing or a combination of both, which shall be determined by the Planning Board. This area is in addition to any required landscaped buffer area.
(5)
Walkways. Sidewalks should be compatible with adjacent development to create continuity and visual linkage. Pedestrian walkways should connect parking lots to main building entrances. Street sidewalk should connect to building entrance for easy access for pedestrian traffic.
(6)
Site lighting. All lighting fixtures should be decorative in design, and should complement the architectural and design themes established for the site. The light source (lamp) should only be metal halide or LED. The lamp type selected should be consistent throughout the site. Illumination levels shall not exceed the recommended levels established by the most recent publication of the Illuminating Engineering Society of North America, as assigned by activity or use. Light sources should not be visible, and should be shielded to reflect down onto the ground and not out onto the streets or neighboring property.