Haverstraw City Zoning Code

Signs and devices conforming to the New York State Department of Transportation Manual of Uniform Traffic Control Devices, and other traffic regulatory signs shown on an approved site plan or required pursuant to the order of municipal traffic control agencies.

Other signs of, or required by, duly constituted governmental bodies and their agencies.

Temporary signs in any district, not exceeding 16 square feet in area, pertaining to and displayed during campaigns, drives, or events of civic, political, philanthropic or educational purposes, provided that such signs are displayed not more than 45 days before the event and removed one week after the event. All political signs shall clearly set forth the political event to which they pertains.

Temporary, nonilluminated construction signs, not exceeding 12 square feet in area, identifying the project under construction, participating designers, contractors or developers. Such a sign shall be permitted only during the construction period of the project.

Signs not visible outside of a building.

Temporary holiday decorations.

Temporary signs for garage sales, not exceeding four square feet in area, provided that such signs contain the address of the sale and date of the sale, are displayed only one week prior to the sale and are removed the day after the sale.

"No Trespassing" or "No Parking" signs, not exceeding four square feet in area.

On-site directional signs.

Temporary signs in the form of banners may be permitted for new businesses or during transition periods for new owners, for a period not to exceed 45 days. One fifteen-day extension may be granted by the Code Enforcement Officer, provided that the delay was caused by time delays in getting approvals from the ARB or due to contractors' delay.

Real estate sale or rental signs may be permitted as long as the size of such signs on residential property does not exceed 10 square feet or on commercial property does not exceed 24 square feet.

Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use. Electronic reader boards shall be considered a flashing sign where the image on the board changes at a frequency of more than once per 12 hours.

Exterior advertising signs and billboards.

Signs representing or depicting to any degree official traffic signs or signals.

Signs which emit noise, sounds or smoke.

Animated signs, whether by mechanical or electrical processes, including signs with banners, streamers, spinners or other paraphernalia attached to or associated with such signs. Such signs may be permitted for a temporary period not exceeding 30 days, when approved by the Code Enforcement Officer.

Signs of a prurient nature or advertising businesses, commodities or services of a prurient nature or an unlawful business or undertaking.

Illuminations and devices outlining any part of a building such as a gable, roof, sidewall or corner.

Signs made of cardboard, paper, canvas or similar impermanent material.

Backlighted box-type signs, in the CB District.

Signs which project over a street.

Signs which obstruct traffic visibility at intersections or at any entrance or exit from a property.

Scrolling signs

Signs, advertising, etc., located on utility poles (except utility company identifiers), unless posted by a municipality for governmental purposes.

Illumination. Illumination of signs shall be from external or internal light sources. The source of illumination shall be so shielded that it is not visible beyond the boundaries of the lot on which it is located. No neon or LED string lighting shall be permitted that outlines the windows or architectural features such as doors, roofs, cornices, etc. No neon or LED sign may occupy more than 10% of the total area of the window in which it is displayed, measured by the height and width of the sign. No neon or LED signs shall be permitted above the first floor in the CB District.

Removal of certain signs. Any sign now or hereafter existing which no longer identifies a use on a lot, or is not being maintained, shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign may be found, within 10 days after written notification from the Code Enforcement Officer, and upon failure to comply with such notice within the time specified in such order, the Code Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or lot on which such sign is located.

Dangerous signs. Should a sign be or become insecure or in danger of falling or otherwise unsafe in the opinion of the Code Enforcement Officer, the owner thereof or person maintaining the same shall, upon receipt of written notice from the Code Enforcement Officer and, in any case, within five days thereafter, secure the same in a manner to be approved by the Code Enforcement Officer. If such order is not complied with, the Code Enforcement Officer is hereby authorized to cause removal of such dangerous sign, and any expense incident thereto shall be paid by the owner of the building, structure or lot on which such sign is located. When any sign is in such condition as to be immediately dangerous to the safety of the public, the Code Enforcement Officer is hereby authorized to take such action as in his or her opinion shall be necessary to protect the public or property.

No sign permit will be issued except as approved by a sign plan approval or a site plan approval granted by the Planning Board and reviewed by the Architectural Review Board. After such approval, an application for a sign permit shall be made to the Code Enforcement Officer on forms prescribed by the Code Enforcement Officer and shall contain the information specified in the site plan rules and regulations. All applications shall be accompanied by the required fee in accordance with the standard schedule of fees of the Village.

The Code Enforcement Officer, upon receipt of an application for a sign permit, shall review the same. If the sign requested has been approved on a site plan or a sign plan, the Code Enforcement Officer shall issue a sign permit and a display sticker which shall be prominently affixed to each sign and visible from the street which abuts the lot on which the sign will be located.

If there is no sign plan approval or site plan approval, the applicant must submit an application to the Planning Board for either site plan approval or sign plan approval, whichever is applicable. Upon the granting of a site plan or a sign plan approval, a copy of the approved plan shall be transmitted to the Code Enforcement Officer.

Signs must be clearly accessory to the use or uses upon the same lot, and such signs and lighting must be shown to be essential to the conduct of the permitted principal or accessory use upon the lot.

Signs in the CB District shall be made of wood or woodlike materials and shall have texture and depth. Applied letters may be substituted for wall-mounted signs, if constructed of painted wood, painted cast metal, bronze, brass or anodized aluminum. Applied plastic letters are not permitted. Applied letters shall not exceed 18 inches in height.

The size and content of the sign shall be the minimum essential for legibility and for the provision of information to patrons seeking the particular use described on such sign.

The sign content shall clearly provide only the information necessary to identify the use upon the lot.

The sign shall not be similar to any traffic signal or other safety device or be composed of elements depicting in exaggerated size or grotesque style the use upon the lot.

All existing signs on the lot, together with their supporting braces, guys, anchors, etc., shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or maintained at all times.

One sign per storefront may be installed perpendicular to the building but may not protrude more than five feet from the plane of the building nor closer than two feet to the curbline. The bottom of the sign or the protruding portion of the bottom bracket shall be at least nine feet above the sidewalk or pavement immediately beneath the sign. The size of the sign shall not exceed 10 square feet per face, and only two faces are permitted.

Signs shall be placed so as not to obliterate, conceal or destroy architectural and decorative trim and cornices immediately above first-floor storefronts or on above stories.

Building-mounted signage. Each business may locate one business sign on each facade of a structure that faces a public street. Such signage in aggregate for all businesses within a building shall not exceed 10% of the total facade area and the vertical dimension of each sign shall not exceed five feet. No single business sign shall exceed 100 square feet. Where a primary or secondary public entrance to a business is provided on a facade that does not face a public street but rather faces a parking area, a second business sign not to exceed 15 square feet may be placed above or near the site entrance. Where building signage is proposed to be mounted perpendicular to a building, the area of each side of the sign shall be counted only 50% towards the maximum area, so long as each side of the sign is parallel to the other and contains identical content.

Pylon or monument signage. Each lot may maintain one monument or pylon sign along each street frontage advertising the businesses on each lot and/or the name of the multi-tenant mall or plaza if so located. Such sign shall be no more than 25 feet in height, shall be setback no less than 25 feet from the curbline and shall not encroach into the right-of-way. No single business, nor directory sign for three or fewer businesses shall exceed 125 square feet on each facing nor a vertical dimension excluding supports of 12 feet. Where directory signs advertise more than three businesses, such signs shall not exceed 40 square feet per business per facing or 250 square feet per facing, whichever is less. Pylon or monument signs shall be located so as not present an impediment to the safe operation of motor vehicles on public roadways, shall not significantly block the view of existing business signage located on adjacent or nearby lots, nor significantly block public views of High Tor or the Hudson River.

Window signage. In the HB district, non-illuminated window signage shall not count toward business sign area, except that such window signs must still meet the requirements of Chapter 195 of the Code of the Village of Haverstraw (Obstruction of Store Windows).

Special provisions applicable to gasoline filling stations. In addition to the signage listed herein, gasoline filling stations proposing canopies shall be permitted to place an additional business sign on each canopy facade facing a public right-of-way. Such signage shall be limited to 25% of the area of that facade of the canopy, which shall include the entire "sign area" as defined by this chapter including but not limited to any brand-identifying colors or patterns. Additionally, reader boards advertising gasoline pricing shall be permitted as a component of any building-mounted, pylon or monument signage otherwise permitted by this chapter, and shall count toward the area of such signage, but not any minimum vertical dimensions. Such reader boards shall conform with he requirements of § 245-13A, B, and any other requirements of this Code.

In considering an application for a special permit for any use, as provided in Column B-1 of the Table of General Use Regulations,[1] the Board of Trustees or the Zoning Board of Appeals shall take into account the following: accessibility of the property involved in the application to fire and police protection; access of light and air to the property and to adjoining properties; traffic conditions; transportation requirements and facilities; the size, type and kind of buildings, uses and structures in the vicinity and the suitability of the proposed use to said buildings, uses and structures, including but not limited to the safety and convenience of persons who gather there and any decrease or impairment in the market value of said buildings, uses and structures if the proposed use be granted; the general safety, health, peace, comfort and general welfare of the community-at-large; whether the location and size of the proposed use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site, with respect to existing or future streets giving access to it, parks and drainage systems, is in harmony with the Village Master Plan and Official Map; and that the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land, uses, structures and buildings or impair the value thereof.

The Board of Trustees or the Zoning Board of Appeals may, as a condition of granting a special permit, require the applicant to waive any real estate tax exemption as to the premises. The Board of Trustees or the Zoning Board of Appeals may restrict the bulk of the buildings and the use and occupancy of the premises so as to provide for a density of population or occupants no greater than what the premises would contain if used for one-family residential purposes.

After the granting of a special permit use, the application for a building permit shall be referred to the Planning Board for site plan approval, and to the Architectural Review Board for approval as required by this chapter.

The Zoning Board of Appeals shall not grant any variance of the applicable provisions of this chapter when considering a special permit application. After the granting of a special permit use, the Zoning Board of Appeals may grant a bulk variance for other than minimum lot area only if the Planning Board in reviewing the site plan recommends such variance would be desirable to promote proper use of the site.

Any special permit use requiring approval of the Board of Trustees shall first be referred to the Planning Board and the Architectural Review Board and then to the Board of Trustees for its consideration upon a public hearing duly held.

The owner of the one-family dwelling in which the accessory apartment is to be located shall occupy the principal dwelling unit within the dwelling and shall have occupied said one-family dwelling for a continuous period of 10 years prior to the date of application for a special permit for an accessory apartment.

An accessory apartment may be located in the principal dwelling, provided that such dwelling has existed for a period of 25 years prior to the date of application, contains a minimum of 2,000 square feet of habitable space and conforms to all other requirements of this chapter unless a variance shall have been granted by the Zoning Board of Appeals.

The minimum floor area for an accessory apartment shall be 400 square feet, but in no case shall it exceed 50% of the habitable area of the dwelling in which it is located, or 600 square feet, whichever is less, unless a greater or lesser amount of floor area is warranted by the specific circumstances of the particular dwelling.

There shall be no more than one accessory apartment per dwelling and per lot, and such accessory unit shall be occupied by a blood relative, i.e., mother, father, grandparent, son or daughter. The owner shall sign a sworn affidavit attesting that the occupants of the accessory apartment are blood relatives.

The entry to such apartment and its design shall be such that, to the degree reasonably feasible, the appearance of the dwelling will remain as a single-family residence.

No accessory apartment shall be located in a cellar or garage.

An inspection of the premises shall be allowed and conducted each year.

The New York State Uniform Fire Prevention and Building Code adopted by the Village of Haverstraw must be followed.

If any of the above criteria are not met, then the accessory apartment must be removed and the second unit terminated.

Such uses are subject to § 245-14A, General considerations, and the applicable bulk requirements specified in § 245-11.

The dwelling must be owner-occupied.

There shall be no significant exterior change to the dwelling, and there shall be only one entrance to the dwelling.

No dwelling unit or portion of a dwelling unit shall be located in a cellar or in a detached accessory structure.

Hotel and motel units shall not contain kitchen facilities of any nature and shall not be used as apartments for nontransient tenants.

Hotel and motel units shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

A hotel or motel unit shall not be occupied by more than three adults at any time.

There shall be no more than one hotel or motel unit for each 3,500 square feet of site area.

Each hotel or motel room shall have an area of at least 240 square feet, and a hotel or motel unit including bath and closet facilities shall be not less than 300 square feet. Each hotel or motel unit shall have a bath facility with shower or bath, one toilet facility and sink.

Swimming clubs or swimming pools other than private swimming pools shall be classified and located as follows:

All recreation facilities shall comply with the following minimum setback requirements:

Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permit use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Floodlights on poles not less than 75 feet from any property line directed toward the center of property and shielded from any nearby residential area shall be deemed to comply with the latter regulation.

Noise. Public address systems or any other amplified noises are prohibited.

Parking. All parking areas and spaces shall have dustless surfaces.

Use of pool. The maximum number of families permitted to use any swimming pool shall be equal to the area in square feet of the swimming pool divided by 10. Any portion of a pool designed to hold less than two feet of water in depth shall not be included in the total pool area set forth in Subsection E(1) above.

Enclosed buildings. All indoor facilities such as casinos and recreational halls shall be located within completely enclosed buildings.

Operation. The Zoning Board of Appeals may impose reasonable conditions of operation.

The profession or other occupation shall be carried on wholly within a completely enclosed building.

Not more than 500 square feet and in no case more than 1/2 the floor area of the principal building, or an equivalent area elsewhere, is so used.

Not more than one person outside the family shall be employed full-time in such home occupation.

There shall be no exterior display or exterior sign except as permitted for the district in which the use is located, no exterior storage of materials and equipment and no other exterior indication of such home occupation or variation from the residential character of the principal building, except that adequate off-street parking shall be provided.

The minimum lot area required for the establishment of a group home shall be the same as that required for other dwellings in the district in which it is located, except that the minimum lot area requirement shall be increased by 10% for each nonsupervisory resident in excess of six up to the maximum permitted number of 12.

For purposes of furthering the state's dispersal and deinstitutionalization policy, to prevent the undue concentration of group homes in any one area and to preserve the social as well as the physical character of one-family residential neighborhoods, no new group home facility shall be established within 1/2 mile of any such existing facility.

A minimum of one off-street parking space shall be provided for each vehicle located at the group-care facility or operated on a daily basis in connection therewith, but in no case shall fewer than two off-street parking spaces be provided.

In addition to all other normally required items of information, the following additional documentation shall also be submitted with the special permit application.

A nonresidential use is prohibited above a floor containing a residential use.

A suitable, safe, direct and attractive means of access shall be provided to the dwelling units for pedestrian use. Said means of access shall not pass through the use located on the first floor of the building.

A smoke detector, fire alarm and/or sprinkler systems shall be installed pursuant to New York State Prevention and Building Codes.

No such dwelling units shall contain more than two bedrooms.

The minimum habitable floor area in the dwelling units shall be 400 square feet, except that a studio apartment may be less than 400 square feet but in no event less than 280 square feet in accordance with the following conditions:

The nonresidential use on the first floor of the building shall not create any odor, dust, fumes, smoke, gas, vibration, light, noise or similar condition which is deemed to be a hazard to the residential use located above.

No structure located in the PO District may have more than six dwelling units authorized by this section.

Applicability. No building permit or certificate of occupancy shall be granted for any use unless the Board of Trustees shall find that the use shall conform with the standards set forth in Subsection B of this section.

Standards for restrictions on adult entertainment uses.

A fenced-in outdoor play area shall be provided, but said play area shall not be located nearer than 75 feet to any street or lot line.

No child day-care center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for children during hours the center is in operation or is separate from the usual living quarters of the family.

State licensing standards and requirements must be met.

Setbacks, screening and landscaping shall conform to the pertinent portions of this Zoning Chapter.

Structure shall meet Building, Sanitation, Health, Traffic Safety and Fire Safety Code requirements.

Filing of a child-care registration form with the Village of Haverstraw.

Applicability. A bed-and-breakfast is permitted as a special permit accessory use to a single-family residence in all residential districts and is permitted as an accessory use to a nonconforming single-family residence in all nonresidential districts. A single-family residence must be in existence at the date of adoption of these regulations to become eligible to be a bed-and-breakfast home. Except as otherwise specified herein, the single-family residence shall be required to meet the bulk requirements for single-family residences within the applicable zoning district. Those residences that do not meet all bulk requirements may be granted variances by the Village Board or the Village Board may refer the applicant to the Zoning Board of Appeals to consider granting any required area variances.

Application submission. In addition to the general requirements for special use permit approval, the applicant shall also submit:

Requirements and conditions of operation.

Approval. A special use permit to operate a bed-and-breakfast shall be valid for one year from the date of issuance, subject to continuing compliance with the conditions of the special use permit and subject to continuing compliance with the New York State Uniform Fire Prevention and Building Code.

Permit renewal. The applicant may renew the permit for additional two-year time periods, subject to approval by the Village Board and any fees applicable to the review of special use permit applications. The Village Board shall notify the Building Inspector, 15 days prior to the meeting at which the renewal is being considered, who shall provide a description, in writing, of any changes that have occurred in the floor or site plan since the time the special use permit was approved or last renewed, and a list of violations or complaints, if applicable. The Village Board shall take the Building Inspector's report into consideration when rendering a decision.

Enforcement. The Building Inspector shall be given access to the premises for the purpose of making inspections as deemed necessary from time to time to ensure compliance with these regulations and with the New York State Uniform Fire Prevention and Building Code. Such inspections shall be conducted in accordance with procedures set forth in this chapter. Any facility operated in violation of this chapter shall have its permit suspended on a first violation and revoked for a second violation. No permit shall be reinstated until the owner fully complies with the provisions of this chapter.

Registry. The Village Clerk shall maintain a record of bed-and-breakfasts, including the name of the owner, the address, phone number, the maximum occupancy of the establishment, and the date of special use permit approval.

An inspection to be performed by the Building Inspector finding that the structure is in good condition and conforms with the codes of the Village of Haverstraw and the Building and Fire Code of the State of New York; and

That the Building Inspector may require any repairs or improvements as necessary to ensure that the structure is aesthetically compatible with the surrounding neighborhood, does not present a blighting influence, nor does the structure present a hazard to the public health, safety or general welfare.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that in order to promote and protect the health, safety and welfare of its citizens, the current Zoning Code shall be amended to establish schools of general instruction as special permit uses.

Regulations and application. The establishment of such educational institutions with accessory housing shall be subject to the requirements of Articles I through IX of the Haverstraw Zoning Code.

Bulk requirements. See the Table of Bulk Requirements for all requirements.[2]

Design requirements.

Waiver. The Village Board shall have the authority, consistent with the purposes of this chapter and upon a finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any requirement found in the Table of Bulk Requirements up to 3% by simple majority.

Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.

Grandfathering. The provisions of this section shall not apply to any application for a school of general instruction which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.

Renewal. After the initial issuance of a special permit under this section, the special permit use shall remain in effect for two years and must be renewed upon expiration, or it shall be deemed expired. Where the school of general instruction has not been the subject of a Building Department violation in the preceding two years, 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 the inspection by the Building Inspector to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. After the first renewal, subsequent renewals shall be required every five years. Affidavits of no change may also be presented to the Building Inspector for subsequent renewals.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that in order to promote and protect the health, safety and welfare of its citizens, the current Zoning Code shall be amended to establish schools of special instruction as special permit uses.

Regulations and application. The establishment of such schools of special instruction shall be subject to the requirements of Articles I through IX.

Bulk requirements. See the Table of Bulk Requirements for all requirements.[3]

Design requirements.

Waiver. The Village Board shall have the authority, consistent with the purposes of this chapter and upon a finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any requirement found in the Table of Bulk Requirements[4] up to 3% by simple majority.

Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.

Grandfathering. The provisions of this section shall not apply to any application for a school of special instruction which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.

Renewal. After the initial issuance of a special permit under this section, the special permit use shall remain in effect for two years and must be renewed upon expiration, or it shall be deemed expired. Where the school of special instruction has not been the subject of a Building Department violation in the preceding two years, 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 the inspection by the Building Inspector to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. After the first renewal, subsequent renewals shall be required every five years. Affidavits of no change may also be presented to the Building Inspector for subsequent renewals.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that in order to promote individual constitutional rights to freedom of religion, freedom of assembly and the Village of Haverstraw's interest in protecting the health, safety and welfare of its citizens, the current Zoning Code should be amended to establish rules governing accessory housing to schools of general instruction and schools of special instruction in certain districts in the Village of Haverstraw in which schools of general or special instruction are also special permit uses.

Required bulk standards. See the Table of Bulk Requirements for all requirements.[5]

Requirements.

Waiver. The Village Board shall have the authority, consistent with the purposes of this chapter and upon a finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision herein up to 3% by simple majority.

Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.

Grandfathering. The provisions of this section shall not apply to any accessory housing which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.

Renewal. After the initial issuance of a special permit under this section, the special permit use shall remain in effect for two years and must be renewed upon expiration, or it shall be deemed expired. Where the accessory housing has not been the subject of a Building Department violation in the preceding two years, 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 the inspection by the Building Inspector to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. After the first renewal, subsequent renewals shall be required every five years. Affidavits of no change may also be presented to the Building Inspector for subsequent renewals.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that in order to promote individual constitutional rights to freedom of religion, freedom of assembly and the Village of Haverstraw's interest in protecting the health, safety and welfare of its citizens, the current Zoning Code should be amended to establish places of worship as special uses in any district in the Village of Haverstraw.

Regulations and application. The establishment of such places of worship shall be subject to the requirements of Articles I through IX.

Required bulk standards. See the Table of Bulk Requirements for all requirements.[8]

Design requirements.

Waiver. The Village Board shall have the authority, consistent with the purposes of this chapter and upon a finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision herein up to 3% by simple majority.

Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.

Grandfathering. The provisions of this section shall not apply to any application for a place of worship which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.

Renewal. After the initial issuance of a special permit under this section, the special permit use shall remain in effect for two years and must be renewed upon expiration, or it shall be deemed expired. Where the place of worship has not been the subject of a Building Department violation in the preceding two years, 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 the inspection by the Building Inspector to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. After the first renewal, subsequent renewals shall be required every five years. Affidavits of no change may also be presented to the Building Inspector for subsequent renewals.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that in order to promote individual constitutional rights to freedom of religion, freedom of assembly and the Village of Haverstraw's interest in protecting the health, safety and welfare of its citizens, the current Zoning Code should be amended to establish rules governing accessory housing for places of worship in certain districts in the Village of Haverstraw in which places of worship are also special permit uses.

Required bulk standards. See the Table of Bulk Requirements for all requirements.[9]

Requirements.

Waiver. The Village Board shall have the authority, consistent with the purposes of this chapter and upon a finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision herein up to 3% by simple majority.

Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.

Grandfathering. The provisions of this section shall not apply to any application for a place of general assembly which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.

Renewal. After the initial issuance of a special permit under this section, the special permit use shall remain in effect for two years and must be renewed upon expiration, or it shall be deemed expired. Where the accessory housing has not been the subject of a Building Department violation in the preceding two years, 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 the inspection by the Building Inspector to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. After the first renewal, subsequent renewals shall be required every five years. Affidavits of no change may also be presented to the Building Inspector for subsequent renewals.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that in order to promote individual constitutional rights, freedom of assembly and the Village of Haverstraw's interest in protecting the health, safety and welfare of its citizens, the current Zoning Code should be amended to establish places of general assembly as special uses in any district in the Village of Haverstraw.

Regulations and application. The establishment of such places of general assembly shall be subject to the requirements of Articles I through IX.

Required bulk standards. See the Table of Bulk Requirements for all requirements.[11]

Requirements.

Waiver. The Village Board shall have the authority, consistent with the purposes of this chapter and upon a finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision herein up to 3% by simple majority.

Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.

Grandfathering. The provisions of this section shall not apply to any application for a place of general assembly which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.

Renewal. After the initial issuance of a special permit under this section, the special permit use shall remain in effect for two years and must be renewed upon expiration, or it shall be deemed expired. Where the place of general assembly has not been the subject of a Building Department violation in the preceding two years, 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 the inspection by the Building Inspector to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. After the first renewal, subsequent renewals shall be required every five years. Affidavits of no change may also be presented to the Building Inspector for subsequent renewals.

Legislative intent. The Village Board of the Village of Haverstraw finds and determines that the interpretation and application of the current zoning law is difficult as it relates to residences that are used as places of worship within the Village of Haverstraw. In order to promote individual constitutional rights to freedom of religion, freedom of assembly and the Village of Haverstraw's interest in protecting the health, safety and welfare of its citizens, the Village Board has determined that the current Zoning Code should be amended to establish residential places of worship in any residential district in the Village of Haverstraw.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Regulations and application.

Legislative intent. This special permit use is intended to allow flexibility in zoning in order to implement the recommendations of the Village of Haverstraw Comprehensive Plan with regard to land use Area 4 — Route 9W North. The Plan calls for the corridor to be expanded and beautified with larger floor-plate infill development, including first-floor nonresidential components such as retail, markets or convenience marts, office spaces and other commercial uses, and up to two floors of residential apartments above. Site design guidelines are prescribed to improve the pedestrian-friendliness of the area and promote a building-forward, visually interesting environment. Other recommendations are controlling the number of curb cuts permitted per development and shared access; landscaping the verge between Route 9W and development, particularly by introducing street trees; and requiring sidewalks.

The Village Board may authorize the construction of corridor-retrofit mixed-use or commercial buildings, which are generally larger, may contain residential multifamily uses, have relaxed parking standards and are subjected to reduced yard standards as compared to other uses authorized in the HB District, where the Board finds that the proposal substantially adheres to requirements of this section.

Eligibility requirements:

Uses permitted.

Bulk requirements.

Design criteria.

Parking and access.

Legislative intent. The Village Board finds that the on-site consumption of cannabis in commercial establishments is not appropriate anywhere within the Village and retail sale of cannabis allowed pursuant to the Marihuana Regulation and Taxation Act of 2020 is only appropriate in certain areas of the Village, and only subject to certain controls regarding safety and lighting. Further the Board finds that an abundance of such uses located in close proximity to each other or in close proximity to shops selling paraphernalia associated with cannabis may have a deleterious effect on the character and reputation of the community.

Regulations and application.

Legislative intent. The Village Board finds that an abundance of retail uses for the sale of cannabis and/or tobacco or paraphernalia intended to support the smoking or use of such products located in close proximity to each other may have a deleterious effect on the character and reputation of the community.

Regulations and application. No entrance into a cannabis and tobacco paraphernalia shop shall be permitted within 1,000 feet of the entrance to an adult-use cannabis retail dispensary or within 1,000 feet of the entrance of an existing cannabis and tobacco paraphernalia shop.

Asphalt, cement, charcoal and/or fuel briquettes.

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 yarn and/or hydrochloric, nitric, phosphoric, picric or sulfuric acids.

Coal, coke and tar products, including but not limited to gas manufacturing; explosives; fertilizers; and animal gelatin, glue and/or size.

Linoleum and oilcloth; matches; paints, varnishes and/or turpentine.

Rubber (natural or synthetic); soaps, including fat rendering; starch.

A map showing the parcel in relationship to adjacent parcels, railroads, streams, all drainage and watercourses, street rights-of-way and street intersections and all other structure uses or markings as indicated on any Official Map hereafter adopted by the Village of Haverstraw.

A map of the entire parcel showing the location, dimensions and proposed use of all buildings, parking and loading areas and ingress and egress thereto; all site improvements, including proposed grades, walkways, driveways, lights, fences, walls, signs, drainage facilities, benches and landscaped areas, including trees and other plants; and all other structures and improvements other than the natural state of the land.

A fee shall be paid to the Village as set forth in the Village schedule of fees.[1]

Within 62 days of the receipt of the application, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made by the Planning Board within said sixty-two-day period, the site plan shall be considered approved. When acting upon said application, the Planning Board shall consider the site plan in relation to the provisions and intent of this section of the Zoning Chapter and of the Village Master Plan, as adopted by the Planning Board; the relationship between the principal buildings and structures on the parcel, and all accessory buildings, structures and uses; the convenience and safety of the parking and loading areas and the interior circulation systems and the access to public streets; the adequacy of walkways between principal buildings and accessory structures and uses, including parking areas; the adequacy of landscaping and lighting features to screen adjacent residential areas and streets from any potential nuisance features of the use of the parcel; and such other criteria directly related to the health, safety and general welfare of the surrounding community.

The Planning Board may require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems shown on the Official Map. The Planning Board may further require that all such off-site improvements and/or drainage systems be installed on easements to be granted to the Village of Haverstraw.

Where improvements are required as set forth in Subsection C(2) of this section, a performance bond sufficient to cover the full cost of the same as estimated by the Planning Board shall be furnished to the Village by the owner. Such performance bond shall be issued by a surety or bonding company approved by the Board of Trustees, with security acceptable to the Board of Trustees, and shall also be approved by the Board of Trustees as to form, sufficiency and manner of execution. Such performance bond shall run for a term fixed by the Planning Board not to exceed two years, unless extended by consent of the Planning Board, and shall be approved prior to issuance of any building permit.

No certificate of occupancy shall be issued for the property until the improvements shown upon the site plan and the off-site improvements, as required by the Planning Board, have been duly installed and all easements and property interests granted or dedicated to the Village, except that where an improvement bond has been required, a certificate of occupancy may be issued where the bond has been duly approved and filed.

The following information must be submitted in conjunction with any application for a building permit or special permit requiring site plan approval.

The specifications may from time to time be amended or modified by the Planning Board. All amended or modified specifications shall be approved by the Board of Trustees in conformity with the procedure for amendment of the Zoning Chapter.

It is the duty of each owner of property within the Village of Haverstraw to erect, maintain, repair and 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 Village of Haverstraw pursuant to the Zoning Chapter of the Code of the Village 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.

Screening facilities shall mean fences, trees, plumbing, shrubbery or other screening.

Repeatedly over at least a seven-minute period of time at an average of at least 12 animal noises per minute; or

Repeatedly over at least a fifteen-minute period of time, with one minute or less lapse of time between each animal noise during the fifteen-minute period.

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

To increase employment and business development in the Village of Haverstraw, to the extent reasonably practical, by furthering the installation of solar energy systems;

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and

The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in Village of Haverstraw after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 10% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Village of Haverstraw Code.

A building permit shall be required for installation of all solar energy systems.

Local land use boards are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.

Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")].

Roof-mounted solar energy systems and solar heat collectors.

Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Glare: All solar panels shall have anti-reflective coating(s).

Yards: Tier 2 solar energy systems shall not be permitted in a required yard. All ground-mounted solar energy systems shall only be installed in the side or rear yards in residential districts.

Height: Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.

Screening and visibility.

Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

Glare. All solar panels shall have anti-reflective coating(s).

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Tree cutting. As part of the application, the applicant will identify existing trees larger than six inches in diameter and identify which trees are proposed for removal. Tier 3 solar energy systems should be sited and designed to avoid significant tree removal.

Decommissioning.

Site plan requirements. In addition to the requirements of § 245-16F, the following information shall be provided:

Special use permit standards.

Screening, visibility and ecology.

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the zoning enforcement officer of such change in ownership or operator within 30 days of the ownership change.

Safety.

Permit time frame and abandonment.