The bulk regulations in the Bulk Table shall be supplemented by and subject to the additional
regulations and exceptions set forth in this article.
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.
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.
[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.
(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).
(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.
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 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.
[Added 7-10-2017 by L.L.
No. 4-2017]
A. Standards. In order to qualify, a parcel must meet the following
standards:
(1)
The property shall be located along a state road.
(2)
The property shall have frontage on a state road of at least
150 feet.
(3)
The property shall have a minimum lot area of one acre.
B. Permitted uses and bulk requirements.
(1)
Permitted uses.
(a)
Retail sales and services.
(c)
Professional, administrative, medical and business offices.
(e)
Studios for dance, music, fitness, art, or photography.
(g)
Banks, including a drive-through.
(h)
Restaurant, including fast-casual but excluding fast-food and
drive-through restaurants.
(i)
Delis, cafes and bakeries.
(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.
(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]
A. Standards. In order to qualify, a parcel must meet the following
standards:
(1)
The property shall be located along a state road.
(2)
The property shall have frontage on a state road of at least
300 feet.
(3)
The property shall have a minimum lot area of 3.5 acres.
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]
A. Standards. In order to qualify, a parcel must meet the following
standards:
(1)
The property shall be located along a state road.
(2)
The property shall have frontage on a state road of at least
350 feet.
(3)
The property shall have a minimum lot area of 4.5 acres.
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.