A. 
Applicability. No building permit or certificate of occupancy shall be granted for any use unless the Building Inspector shall find that the use shall conform to the objectives set forth in Article VII.
B. 
Standards for restrictions on emission of dangerous or objectionable elements. No land or building shall be used in any manner so as to create any hazard to the public health, safety, welfare, peace or comfort or to hinder the most appropriate use of land in the vicinity by reason of fire, explosion, radiation, noise, vibration, smoke, dust, odor or other form of air pollution, heat, cold, dampness, electrical disturbances, glare, liquid or solid refuse, waste production or any condition conducive to the breeding of rodents or insects or any other dangerous, noxious, injurious or objectionable condition, substance or element.
C. 
Appeals. Any person aggrieved by a decision of the Building Inspector in applying objectives set forth in Article VII may appeal to the Zoning Board of Appeals from said decision or for variance or modification thereof by filing a notice of appeal within 60 days after filing of the decision by the Building Inspector.
[Amended 8-13-2012 by L.L. No. 3-2012]
D. 
Violations. Any violation of a certificate of occupancy shall constitute a violation of this chapter and shall be subject to the penalties herein provided.
A. 
No sign, advertising display, structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this chapter, except for such state, county or Town information and traffic signs needed for public purposes.
B. 
The following types of signs or artificial lights are prohibited:
(1) 
Flashing signs.
(2) 
Signs (except signs painted on awnings or signs on theater marquees) which project over a sidewalk.
(3) 
Any artificial light or reflected device connected or used with a sign or otherwise located or displayed where such light interferes with, competes for attention with or may be mistaken for a traffic signal.
(4) 
Illuminated signs outlining any part of a building such as a gable, roof, sidewall or corner.
C. 
Location of signs. In PO, C and PIO Districts, the following regulations shall govern the location of all permitted signs:
(1) 
Projection. A sign attached to a building shall not project more than six feet from the building wall or one foot from the roof of a parapet wall, but no sign shall project over a street.
(2) 
Height. The maximum height of any sign shall not extend more than three feet above roof level and, in any event, no more than 30 feet above ground level.
(3) 
Setback. All signs shall be set back at least 10 feet from the designated street line, except where specified otherwise in this chapter. However, any sign which is accessory to and attached to a building in existence on the effective date of this chapter need not be set back from the designated street line a distance greater than that of the setback of such building.
It is the duty of each owner of property within the Town of Haverstraw to erect, maintain, repair and/or replace all screening facilities which were required to be placed on the property pursuant to the conditions or requirements of any building permit, certificate of occupancy, site plan, subdivision approval, special permit, variance, zone change or other requirement of any board, agency, commission or official of the Town of Haverstraw pursuant to this Zoning Local Law of the Town of Haverstraw. The voluntary inclusion of screening facilities in any application, plans, specifications, statements or representations by an applicant shall be deemed to be a condition or requirement of the official approval of the application and must be maintained as such.
All new uses, buildings or other structures in the PIO District shall comply with the applicable performance standards.
A. 
Restrictions on creation of dangerous and objectionable elements. Every use in the PIO District shall conform to the performance standards set forth in Subsections B and C.
B. 
Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point beyond, and these shall be limited as follows:
(1) 
Explosives.
(a) 
Activities involving the storage, transport or manufacture of materials or products which decompose by detonation are prohibited, except for those under the jurisdiction of the Police Department. The list of materials or products which decompose by detonation when in a sufficient concentration includes, but is not limited to, the following:
[1] 
Acetylides.
[2] 
Azides.
[3] 
Chlorates.
[4] 
Dynamite.
[5] 
Blasting gelatin.
[6] 
Fulminates.
[7] 
Anhydrous hydrazine.
[8] 
Ammonium nitrates.
[9] 
Dinitroresorcinol.
[10] 
Dinitrotoluene.
[11] 
Guanidine nitrate.
[12] 
Guncotton (cellulose nitrate with nitrogen content in excess of 12.2% or pyroxylin).
[13] 
Hexamine.
[14] 
Nitroglycerin.
[15] 
PETN (pentaerythritol tetranitrate).
[16] 
Picric acid.
[17] 
Tetryl (trinitrophenylmethyltramine).
[18] 
Cyclonite or hexogen (cyclotrimethylene trinitramine).
[19] 
Dinol.
[20] 
Petryl.
[21] 
TNT (trinitrotoluene).
[22] 
Perchlorates (when mixed with carbonaceous materials).
[23] 
Black powder.
[24] 
Fireworks.
[25] 
Greek fire.
[26] 
Permanganates.
[27] 
Peroxides (except hydrogen peroxide in concentrations of 35% or less in aqueous solution).
(2) 
Fire hazards. All activities and storage involving flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and with adequate fire-fighting and fire-suppression equipment and devices standard in this industry. The burning of waste materials in open fires is prohibited except by Rockland County Health Department permit. The relevant provisions of other state and local laws and regulations shall also apply.
(3) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity at any point. No activities shall be permitted which produce electrical and/or electromagnetic disturbances (except from domestic household appliances and from communications equipment subject to the control of the Federal Communications Commission or appropriate federal agencies) which adversely affect the operation, at any point, of any equipment other than that of the creator of such disturbance.
(4) 
Smoke. No emission shall be permitted from any point of any chimney, or otherwise, of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines in its latest edition. This provision, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
(5) 
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and/or other forms of air pollution shall be permitted which can cause any damage to health, animals, vegetation or to other forms of property or which can cause any excessive soiling of any paint. In no event shall any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air, as determined by the Rockland County Health Department.
(6) 
Liquid or solid wastes. No discharge shall be permitted at any point into any private sewage disposal system or stream or into/onto the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Joint Regional Sewerage Board, Water Pollution Control Board, State Department of Environmental Conservation and/or County Health Department. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
C. 
Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating the same or at any point beyond said lot line, and these shall be limited, as follows:
(1) 
Noise. All uses in the PIO District shall conform to the standards employed by the Rockland County Department of Health.
(2) 
Vibration. No vibration shall be permitted which is discernible to the human sense of feeling for three minutes or more in duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or for 30 seconds or more in duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 the acceleration of gravity or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure or the latest published edition. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section.
(3) 
Odors.
(a) 
For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor or particulate matter that can be detected by the olfactory systems of a panel of healthy observers.
(b) 
No nonresidential use in any district may generate any odor that reaches the odor threshold, measured at the lot line.
(4) 
Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes, such as combustion, welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by these regulations.[1]
[1]
Editor's Note: Former § 167-13.1, Facing of fences, added 2-22-1999 by L.L. No. 3-1999, which immediately followed this section, was amended and redesignated 1-22-2001 by L.L. No. 6-2001. See now § 167-61F.
[Added 12-12-2023 by L.L. No. 13-2023]
A. 
Site plan required.
(1) 
Cannabis business — industrial uses, cannabis business — on-site consumption uses and cannabis business — retail uses shall all require site plan approval from the Planning Board in accordance with Chapter A173 of the Town Code. In addition to complying with the requirements of Chapter A173 of the Town Code for site plan review, the applicant shall also provide the following to the Planning Board's satisfaction:
(a) 
Security plan.
(b) 
Disposal plan.
(c) 
Odor control plan.
(2) 
The site plan shall not include outdoor seating or congregation areas. If the use is located on a property legally consisting of multiple uses or storefronts, there shall be no outdoor seating or congregation areas associated with the area dedicated to and within a ten-foot buffer of the cannabis business use.
(3) 
The Building Inspector shall conduct annual inspections, with at least three days' advanced notice to the owner or operator of the business, to ensure ongoing compliance with the requirements of the site plan approval and the Town Code.
(4) 
Unless otherwise provided in this section, the use must comply with Zoning Code 167 Attachment 2 (Table of General Bulk Requirements), the Zoning Code's applicable Table of General Use Requirements for the zoning district in which the use will be operating, and all other applicable provisions of the Town Code and Zoning Code.
B. 
Parking
(1) 
Cannabis business — on-site consumption uses shall have one parking space for every three seats or one parking space for every 100 square feet of gross floor area, whichever is greater.
(2) 
Cannabis business — retail uses shall require one parking space for every 150 square feet of gross floor area.
(3) 
Cannabis business — industrial uses shall provide parking in an amount determined to be sufficient by the Planning Board during the site plan review process based upon the size and nature of the use.
C. 
Minimum distances
(1) 
Cannabis business — on-site consumption uses must be at least 1,000 feet from:
(a) 
Any other licensed cannabis business — on-site consumption use or licensed cannabis business — retail use;
(b) 
Any cannabis and tobacco paraphernalia shop; and
(c) 
Any existing and operating residence, school, day care, medical facility, parkland, commercial recreation or house of worship.
(2) 
Cannabis business — retail uses must be at least 500 feet from:
(a) 
Any other licensed cannabis business — retail use or licensed cannabis business — on-site consumption use;
(b) 
Any cannabis and tobacco paraphernalia shop; and
(c) 
Any existing and operating school or day care.
D. 
Hours of operation. Cannabis business — on-site consumption uses and cannabis business — retail uses shall only operate between the hours of 10:00 a.m. and 10:00 p.m.
[Added 9-10-2024 by L.L. No. 1-2024]
A. 
Permitted and prohibited uses.
(1) 
Self-storage facilities, indoor are permitted, but shall not include any of the following:
(a) 
Storage of flammable or hazardous chemicals or explosives;
(b) 
Storage of boats, trailers or recreational vehicles;
(c) 
Auctions or commercial, wholesale or retail sales (except for storage materials, such as boxes or tape, sold by the operator of the facility) or miscellaneous garage sales;
(d) 
Service, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment,;
(e) 
Operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; and
(f) 
Any use or storage that is noxious or offensive because of odors, dust noise, fumes or vibrations.
(2) 
Self-storage facilities, outdoor, are not permitted.
(3) 
Distribution centers, warehouses and truck terminals are only permitted to the extent otherwise provided in this chapter but not as a self-storage facility, indoor use.
B. 
Bulk regulations. Notwithstanding any other provisions of this chapter to the contrary, the following bulk regulations shall apply to self-storage facilities, indoor:
(1) 
Net buildable acreage (lot size): 40,000 square feet
(2) 
Setbacks and buffers: shall adhere to the requirements for the zoning district in which the property is located.
(3) 
Maximum building height: 35 feet and three stories
(4) 
Maximum building coverage: 40%
(5) 
Maximum impervious coverage: 60%
C. 
Design and operational requirements. As part of site plan review, the applicant shall demonstrate compliance with the following:
(1) 
Landscaping and screening. Adequate landscaping and screening shall be provided to mitigate visual impacts and maintain compatibility with adjacent properties.
(2) 
Lighting. Outdoor lighting shall be provided for security and safety purposes, with fixtures designed to minimize light spillage onto adjacent properties.
(3) 
Architectural Standards. Self-storage facilities, indoor shall be designed to complement the character of the surrounding area and may be subject to architectural review as provided in this chapter.
(4) 
Signage. Signage shall comply with the Town Code and be designed to minimize visual clutter.
(5) 
Security. Self-storage facilities, indoor shall implement adequate security measures to prevent theft and unauthorized access to the storage units.
(6) 
Noise. Operations shall not produce excessive noise that disturbs neighboring properties and, if necessary, shall implement noise-reducing measures.
(7) 
Vehicular circulation. Self-storage facilities, indoor, shall be designed to minimize traffic congestion and ensure safe ingress, egress and on-site circulation for vehicles and pedestrians.
D. 
Parking.
(1) 
There shall be one parking space for every 100 storage units.
(2) 
The parking spaces shall comply with the dimensional requirements set forth in Article IX of this chapter, except that a minimum of 40% of the parking spaces shall comply with the dimensional requirements for loading berths set forth in Article IX of this chapter.
(3) 
The parking spaces and loading berths shall be in a location satisfactory to the Planning Board to provide safe and efficient access to the facility.
(4) 
If determined to be appropriate by the Planning Board as part of site plan review, the applicant shall designate an area(s) on the property for the landbanking of additional parking spaces and/or loading berths should they become necessary in the future.