[Added 4-20-2016 by L.L.
No. 6-2016]
A. Purpose. The purpose of the Mixed Use Light Industrial (MLI) District
is to authorize and regulate a wide range of artistic, commercial
uses and light industrial activity within the Garnerville Arts and
Industrial Center, referred to herein as the "Center."
B. Permitted uses. In the Mixed Use Light Industrial District, no building
shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
(1)
Uses permitted by right:
(a)
Wholesale and distribution business, including wholesale sales,
showroom, and accessory retail sales.
(c)
Light Industrial uses, including showroom and accessory wholesale
and retail sales, which light industrial use may include wholesale
bakery or other wholesale food and beverage production, as well as
accessory incidental dining as defined in this chapter.
(e)
Art center; art gallery, which may include accessory use for
gatherings, social events, fundraisers, and similar activities, provided
that any art center or art gallery with an allowed occupancy of more
than 75 persons shall be required to have a fire alarm system electrically
connected to a remote monitoring station.
(f)
Artist studio, including accessory use for training of apprentices
or students, provided that operations conducted by artisans shall
require a fire inspection prior to occupancy to ensure compliance
with all fire and other applicable safety codes and annual inspection
thereafter, to ensure continued compliance with all applicable fire
and safety codes.
(h)
Canine exercise and care facility, with accessory special event
canine exhibitions.
(i)
Contractor business, including showroom, indoor equipment and
material storage, and accessory wholesale and retail sales.
(j)
Office, including but not limited to professional office, interior
or other designer office with showroom, and general business office.
(k)
Media production facility.
(l)
Specialty food shop/incidental dining.
(m)
Performance space, which may include accessory use for gatherings,
social events, fundraisers, and similar activities, provided that
any performance space with a permitted occupancy of more than 75 persons
shall be required to have a fire alarm system electrically connected
to a remote monitoring station.
(o)
Printing and copying facility.
(p)
Wellness and health facility.
(q)
Education/training/meeting facility.
(s)
Special events and exhibitions, such as the Center's annual
Arts Festival and similar events which may involve coordinated use
of multiple buildings in the Center and which are expected to bring
more than 75 people to one building or space, or 400 people to the
Center at any one time, provided that:
[1] At least 30 days' advance written notice of each
special event and exhibition shall be provided to the Mayor and Village
Board of Trustees of such special event or exhibition; and
[2] Provisions are made by the Center and coordinated with the Village to provide for emergency vehicle ingress and egress and special event parking in lieu of any parking required pursuant to Subsection
E, including on street parking, off-site parking, and if necessary on-site valet parking, shuttle bus service to off-site parking areas.
(t)
Craft brewery and winery.
(u)
Restaurant.
[Added 4-5-2017 by L.L.
No. 5-2017]
(w) Retail sales.
[Added 5-17-2017 by L.L.
No. 6-2017]
(x) Catering facilities.
[Added 5-17-2017 by L.L.
No. 6-2017]
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to the requirements applicable to the granting of special permits set forth in Article
XIV, §
250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that all such uses shall be required to demonstrate that there will be adequate parking on site for all uses currently located on site in addition to the proposed special permit use, as well as compliance with the additional enumerated requirements set forth for such use:
(a)
Contractor's storage. If indoor storage is not reasonably practicable,
a special permit may be issued for a contractor's outdoor storage
yard, subject to the following requirements:
[1] The Zoning Board of Appeals may require that all
building materials, equipment and supplies be located within open
sheds.
[2] Outdoor storage areas, if any, shall be limited
to those specific locations and designated limits approved by the
Zoning Board of Appeals. Such outdoor storage areas shall be heavily
screened and landscaped from all street and lot lines and confined
to a reasonably compact space that is appropriate for the types of
materials, equipment or supplies stored outdoors.
[3] The Zoning Board of Appeals may require conformance
to any requirements recommended by the Fire Department having jurisdiction.
In no case shall the storage of any combustible materials be permitted
within 150 feet of any lot line.
[4] The Zoning Board of Appeals may require conformance
with any other requirements deemed necessary to prevent a nuisance
to the public or to neighboring properties by reason of dust, noise,
odor or any other matter which the Zoning Board of Appeals concludes
may be associated with the intended use.
[5] Site plan approval pursuant to Article
XVI hereof shall be required.
(b)
Ministorage facilities, subject to the following requirements:
[1] Interior driveways serving storage areas shall
be not less than 30 feet wide if units are located on both sides of
the driveway and not less than 20 feet wide if units are located only
on one side. Concrete curbing shall be installed along all edges of
paved areas that do not abut buildings.
[2] Office or administrative areas related to the ministorage
are permitted accessory uses as part of the ministorage site. At least
one off-street parking space shall be provided for each 150 gross
square feet of office or administrative area, unless the Zoning Board
of Appeals determines that fewer parking spaces are needed.
[3] Site fencing and screening shall be provided as
required by the Zoning Board of Appeals. Colors of structures and
signs shall be neutral or earth tones or as otherwise required by
the Zoning Board of Appeals.
[4] Not more than one dwelling and two parking spaces
may be provided for a full-time caretaker or live-in manager.
[5] All structures shall meet the setback requirements
of the zoning district applicable to the property.
[6] Site plan approval pursuant to Article
XVI hereof shall be required.
[7] Retail sales or service may be permitted in a separate
freestanding building no larger than 4,000 square feet. Retail sales
shall be limited to those items supporting the ministorage use, including,
for example, moving pads, cartons, hand trucks, trailer hitches and
similar materials.
[8] The maximum overall height of ministorage facilities
shall not exceed 24 feet.
[9] There shall be no parking requirements for a ministorage
use except as set forth in Subsection B(2)(c)[2] and [4] aforesaid.
(3)
Uses permitted by special permit of the Village Board. In addition to the requirements applicable to the granting of special permits set forth in Article
XIV, §
250-75, hereof, the Village Board may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such use are satisfied:
[Added 9-2-2020 by L.L.
No. 5-2020]
(a)
Outdoor dining. All applications to the Village Board for a
special permit for outside dining shall be accompanied by a proposed
site plan showing the locations of all proposed outdoor facilities
and operations.
[1] All outdoor dining areas shall be accessory to
an approved restaurant having inside dining and beverage service.
[2] All outside areas shall be protected from vehicular
traffic (including parking) as, in the judgment of the Building Inspector,
is adequate for occupant safety.
[3] Where tents, canopies or membrane structures are
to be used, such structures shall comply, in all respects, with the
NYS Fire Code, including but not limited to Chapter 31 thereof, as
may be amended from time to time.
[4] All outdoor dining and beverage facilities shall
be subject to NYS and/or Rockland County Health Department approval
and regulations, if and as required.
[5] Amplified music may be permitted by separate permit,
upon separate application to the Village Board, but only at premises
not adjacent to a residential use and, further subject, to conditions
which ensure that the sound shall not be audible at a distance of
50 feet from the property line. Amplified music, where permitted,
shall not be permitted after 11:00 p.m.
[6] Where the outdoor dining area to be used is not
owned by the applicant/permittee, proof of the owner's consent shall
be required.
[7] The Village Board shall set the lot and bulk regulations
(including parking requirements) applicable to the outdoor dining
area at the time it grants the special permit. The requirements of
the Schedule of Lot and Bulk Regulations, and related parking provisions
of this zoning law, shall not apply.
[8] Site development plan approval.
C. Accessory uses. Accessory uses shall be as follows:
(1)
In addition to accessory uses specifically authorized, such customary uses incidental to the principal use on the site, including off-street parking and loading and signs that are accessory to an establishment located on the same lot, provided that such signs shall be limited as set forth in §
250-23 hereof.
D. Screening. Any nonresidential use located on a lot within 50 feet
of a residence district boundary shall be screened along any such
lot line, and floodlighting shall be arranged so there will be no
glare of lights toward such district boundary. Screening shall consist
of a type of fencing or a hedge of such type and spacing as may be
required by the Building Inspector of an initial height of not less
than five feet and adequate ultimately to screen all operations on
the lot from the view of properties in the adjoining residence district.
E. Parking requirements.
(1)
Concurrent with the adoption of the change in the Zoning Map
to designate the Garnerville Arts and Industrial Center as an MLI
Zoning District, the Village Board shall require a parking plan for
the Center showing all currently available on-site regular and overflow
parking areas, emergency vehicle circulation routes, as well as one
or more areas designated for additional parking to be provided in
one or more future phases. The Center may apply to the Village Board
for a revision to the parking plan at any time.
(2)
The parking spaces as shown on the parking plan shall be all
of the parking required for all uses undertaken in the MLI District.
F. Lot and bulk controls: All land in the MLI District shall be considered
as a single zoning lot for purposes of bulk standards and for zoning
purposes, divisions into separate tax lots shall be disregarded so
long as all tax lots in the MLI District are maintained in common
ownership. If a tax lot is transferred and held in separate ownership,
then that tax lot shall be considered an individual zoning lot and
shall be required to comply individually with the bulk standards set
forth herein.
(1)
Minimum lot area: 20,000 square feet;
(2)
Minimum lot width: 100 feet;
(3)
Maximum building coverage: 65%;
(4)
Maximum total impervious lot coverage: 80%;
(5)
Maximum building height: 65 feet;
(6)
Maximum number of stories: 6.5;
(7)
Minimum front setback: zero;
(8)
Minimum side setback: 35 feet each and a total for all of at
least 70; parking can be placed within the setback area, but no closer
than 10 feet to any boundary of the MLI District, so long as vegetative
screening is provided between the parking area and the lot line to
screen such parking; and
(9)
Minimum rear setback: 50 feet; parking can be placed within
the setback area, but no closer than 10 feet to any boundary of the
MLI District, so long as vegetative screening is provided between
the parking area and the lot line to screen such parking.
[Added 4-20-2016 by L.L.
No. 6-2016]
A. Purpose. The purpose of the Open Space Conservation ("OSC") Zoning
District is to provide a passive open space corridor adjacent to the
Minisceongo Creek comprised of lands that had been zoned for development
as PLI.
B. Permitted uses. In the Open Space Conservation District, no building
shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
(1)
Uses permitted by right:
(a)
Open space conservation uses, including passive recreation access,
such as walking paths, nature trails and passive outdoor activities,
including shelters, sitting areas and nature exhibits.
C. Accessory uses. Accessory uses, permitted as of right, shall include:
(1)
Limited gravel based, pervious parking areas, not exceeding
10 parking spaces.
D. Lot and bulk controls. All land in the MLI District shall be considered
as a single zoning lot for purposes of bulk standards and for zoning
purposes, divisions into separate tax lots shall be disregarded so
long as all tax lots in the MLI District are maintained in common
ownership. If a tax lot is transferred and held in separate ownership,
then that tax lot shall be considered an individual zoning lot and
shall be required to comply individually with the bulk standards set
forth herein.
(1)
Minimum lot area: one acre.
The following uses are prohibited in all districts:
A. Manufacturing uses involving primary production of
the following products from raw materials:
(1) Asphalt, cement, charcoal and 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 and synthetic
resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric
picric and sulfuric acids.
(3) Coal, coke and tar products, including gas manufacturing,
explosives, fertilizers and gelatin.
(4) Linoleum and oilcloth, matches, paint, varnishes and
turpentine.
(5) Rubber (natural or synthetic), soaps, including fat
rendering, and starch.
B. The following processes: nitrating of cotton or other
materials; milling or processing of flour, feed or grain; magnesium
foundry; reduction, refining, smelting and alloying of metal or metal
ores; refining secondary aluminum; refining petroleum products, such
as gasoline, kerosene, naphtha and lubricating oil; distillation of
wood or bones; and reduction and processing of wood pulp and fiber,
including paper mill operations.
C. Operations involving stockyards and slaughterhouses,
grain elevators and slag piles.
D. Storage of explosives; and bulk or wholesale storage
of gasoline above ground.
F. Facilities for the storage of or the recycling of
toxic wastes or solvents and/or for the reclamation of such hazardous
wastes or solvents as defined by the Official Compilation of Codes,
Rules and Regulations of the State of New York.
G. Trucking and transportation and heavy construction equipment parking
depots; heavy trucking and tractor trailer repair and storage.
[Added 4-20-2016 by L.L.
No. 6-2016]
No business or person shall construct, establish
or be issued a certificate of occupancy for any adult entertainment
use within the Village of West Haverstraw unless he has applied for
and obtained a special permit from the Zoning Board of Appeals. To
receive such a special permit, the applicant must satisfy the following
criteria:
A. No more than one of the adult entertainment uses defined in §
250-6 shall be located on any single lot.
B. No adult entertainment use shall be established or
permitted in any building of which any part is used for residential
purposes.
C. No adult entertainment use shall be established closer
than 1,000 feet to any lot line of any other adult entertainment use.
D. No adult entertainment use shall be established closer
than 500 feet to the district line of any residential district, which
shall include any zoning district that permits residential use.
E. No adult entertainment use shall be established closer
than 500 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 facility or
public park, liquor store or post office.
F. The applicant must meet all other regulations of the
Village of West Haverstraw, including, but not limited to, district
lot and bulk regulations, parking regulations and sign requirements.
For purposes of the parking requirements of this chapter, an "adult
bookstore" shall be deemed "retail sales" and a "massage establishment"
shall be deemed a "personal service establishment."