West Haverstraw, NY Zoning Ordinance

West Haverstraw City Zoning Code

ARTICLE I

General Provisions

§ 250-1 Statement of purpose.

The zoning provisions of this chapter are adopted for the purposes set forth in Article 7 of the Village Law which, in the interest of the protection and promotion of the public health, safety and welfare, shall be deemed to specifically include the following, among others:

The facilitation of the efficient and adequate provision of public facilities and services.

The provision of privacy for families.

The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of vehicles.

The maximum protection of residential areas.

The protection of business areas by reduction of overcongestion caused by automobile traffic and parking.

The preservation of historic and natural features and the provision of new facilities in such a way as to maintain and enhance the desirable aesthetic qualities of the Village.

The accommodation of solar energy systems and equipment and the protection of access to the sunlight necessary for those systems.

§ 250-2 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, this chapter is not intended to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or requires larger open spaces than are imposed or required by any other statute, law, rule, regulation or permit or by any easement or agreement, the more restrictive provisions shall control. In the event of conflict in the terminology of any section or part thereof, the more restrictive provision shall control.

Any uses not specifically permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall not be deemed to be an exhaustive list, but to have been included for the purposes of clarity and emphasis and to illustrate by example some of the uses frequently proposed that are deemed undesirable and incompatible in the particular district.

§ 250-3 Penalties for offenses.

Any person, firm or corporation violating or failing to comply with any of the provisions of this chapter shall be subject to a fine of up to $1,000 and/or imprisonment in the county jail for not more than 15 days for each offense, or both; and a separate offense shall be deemed committed each week, or portion of a new week, over which a violation occurs or continues.

[Amended 12-1-2008 by L.L. No. 5-2008]

In addition, the Village authorities shall have such other remedies as are prescribed by law to restrain or abate any violation of this chapter.

§ 250-4 Zoning amendments.

This chapter may be amended, supplemented or repealed by the Village Board of Trustees on its own motion or on petition, as provided in §§ 7-706 and 7-708 of the Village Law. Every such proposed amendment shall be referred by the Village Board of Trustees to the Planning Board for a report before the public hearing. The Village Board of Trustees shall not take action on any such amendment without a recommendation from the Planning Board unless the Planning Board fails to render such report within 30 days after the next regularly scheduled meeting of such Board following the time of such referral.

Report of the Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:

(1)

Concerning a proposed amendment to or change in text:

(a)

Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.

(b)

Which areas and establishments in the Village will be directly affected by such change and in what way they will be affected.

(c)

The indirect implications of such change and its effect on other regulations.

(d)

Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village.

(2)

Concerning a proposed amendment involving a change in the Zoning Map:

(a)

Whether the uses permitted by the proposed change would be appropriate in the area concerned.

(b)

Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residence likely to be constructed as a result of such change.

(c)

Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

(d)

Whether the proposed amendment's impacts are envisioned by the Comprehensive Plan.

(e)

Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effects thereof.

Petition and fee. Each petition for a zoning amendment shall be accompanied by a fee as set forth in Chapter A255, Fees,[1] payable to the Village Clerk upon the filing thereof.

[1]

Editor's Note: See also § 250-118, Reimbursement for professional consulting services.

Public hearing. By resolution adopted at a stated meeting, the Village Board of Trustees shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 7-708 of the Village Law and Subsection F hereof.

Notice to neighboring municipalities. Should any proposed amendment consist of or include any change in the boundary of any district, which change would occur within a distance of 500 feet of the boundary of any other municipality, or any change in the regulations prescribed for any district, any portion of which is located within 500 feet of such boundary, the Village Clerk shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the Village.

Referral to the County Planning Board.

(1)

Matters to be referred. Any change in the district classification of or the regulations applying to real property lying within a distance of 500 feet of the following shall be referred to the Rockland County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law, subject to such agreement between the Village and County of Rockland and any adjacent municipalities as has been, or may be, executed:

(a)

The boundary of any other municipality (also requires referral to adjoining municipality).

(b)

The boundary of any existing or proposed county or state park or other recreation area.

(c)

The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.

(d)

The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.

(e)

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.

(2)

County Planning Board recommendation. If the Rockland County Planning Board fails to report its recommendations within 30 days after receipt of a full statement of such referred material, the Village Board of Trustees shall construe such inaction as approval of the proposed zoning action and may act without such a report.

(3)

Effect of negative report. If the Rockland County Planning Board disapproves the proposed amendment or recommends modification thereof, the proposed amendment shall not become effective except by a vote of a majority plus one of all members of the Village Board of Trustees and after the adoption of a resolution fully setting forth the reasons for such action.

Content of hearing notice. All notices of public hearings shall specify:

(1)

The nature of any proposed amendment.

(2)

The land or district affected.

(3)

The date when and the place where the public hearing will be held.

Protest. In the case of a written protest against any proposed amendment submitted to the Board in accordance with the provisions of § 7-708 of the Village Law, such amendment shall not become effective unless approved by at least 3/4 of the members of the Village Board of Trustees.

Consistency with Comprehensive Plan. In all cases where the Village Board of Trustees shall approve an amendment to the Zoning Map,[2] said Board shall find that, for reasons fully set forth in said findings, such amendment is consistent with the aims of the Comprehensive Plan for the Village.

[2]

Editor's Note: A copy of the Zoning Map is included at the end of this chapter. Consult the official copy on file in the Village Clerk's office for possible revisions.

West Haverstraw City Zoning Code

ARTICLE I

General Provisions

§ 250-1 Statement of purpose.

The facilitation of the efficient and adequate provision of public facilities and services.

The provision of privacy for families.

The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of vehicles.

The maximum protection of residential areas.

The protection of business areas by reduction of overcongestion caused by automobile traffic and parking.

The preservation of historic and natural features and the provision of new facilities in such a way as to maintain and enhance the desirable aesthetic qualities of the Village.

The accommodation of solar energy systems and equipment and the protection of access to the sunlight necessary for those systems.

§ 250-2 Interpretation.

§ 250-3 Penalties for offenses.

[Amended 12-1-2008 by L.L. No. 5-2008]

In addition, the Village authorities shall have such other remedies as are prescribed by law to restrain or abate any violation of this chapter.

§ 250-4 Zoning amendments.

Report of the Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:

(1)

Concerning a proposed amendment to or change in text:

(a)

Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.

(b)

Which areas and establishments in the Village will be directly affected by such change and in what way they will be affected.

(c)

The indirect implications of such change and its effect on other regulations.

(d)

Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village.

(2)

Concerning a proposed amendment involving a change in the Zoning Map:

(a)

Whether the uses permitted by the proposed change would be appropriate in the area concerned.

(b)

Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residence likely to be constructed as a result of such change.

(c)

Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

(d)

Whether the proposed amendment's impacts are envisioned by the Comprehensive Plan.

(e)

Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effects thereof.

Petition and fee. Each petition for a zoning amendment shall be accompanied by a fee as set forth in Chapter A255, Fees,[1] payable to the Village Clerk upon the filing thereof.

[1]

Editor's Note: See also § 250-118, Reimbursement for professional consulting services.

Referral to the County Planning Board.

(1)

(a)

The boundary of any other municipality (also requires referral to adjoining municipality).

(b)

The boundary of any existing or proposed county or state park or other recreation area.

(c)

The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.

(d)

The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.

(e)

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.

(2)

(3)

Content of hearing notice. All notices of public hearings shall specify:

(1)

The nature of any proposed amendment.

(2)

The land or district affected.

(3)

The date when and the place where the public hearing will be held.

[2]

Editor's Note: A copy of the Zoning Map is included at the end of this chapter. Consult the official copy on file in the Village Clerk's office for possible revisions.

West Haverstraw City Zoning Code

ARTICLE I

General Provisions

§ 250-1 Statement of purpose.

The facilitation of the efficient and adequate provision of public facilities and services.

The provision of privacy for families.

The prevention and reduction of traffic congestion and the provision of safe and adequate traffic access to uses generating large volumes of vehicles.

The maximum protection of residential areas.

The protection of business areas by reduction of overcongestion caused by automobile traffic and parking.

The preservation of historic and natural features and the provision of new facilities in such a way as to maintain and enhance the desirable aesthetic qualities of the Village.

The accommodation of solar energy systems and equipment and the protection of access to the sunlight necessary for those systems.

§ 250-2 Interpretation.

§ 250-3 Penalties for offenses.

[Amended 12-1-2008 by L.L. No. 5-2008]

In addition, the Village authorities shall have such other remedies as are prescribed by law to restrain or abate any violation of this chapter.

§ 250-4 Zoning amendments.

Report of the Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:

(1)

Concerning a proposed amendment to or change in text:

(a)

Whether such change is consistent with the aims and principles embodied in this chapter as to the particular districts concerned.

(b)

Which areas and establishments in the Village will be directly affected by such change and in what way they will be affected.

(c)

The indirect implications of such change and its effect on other regulations.

(d)

Whether such proposed amendment is consistent with the aims of the Comprehensive Plan of the Village.

(2)

Concerning a proposed amendment involving a change in the Zoning Map:

(a)

Whether the uses permitted by the proposed change would be appropriate in the area concerned.

(b)

Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residence likely to be constructed as a result of such change.

(c)

Whether the proposed change is in accord with any existing or proposed plans in the vicinity.

(d)

Whether the proposed amendment's impacts are envisioned by the Comprehensive Plan.

(e)

Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Village and the probable effects thereof.

Petition and fee. Each petition for a zoning amendment shall be accompanied by a fee as set forth in Chapter A255, Fees,[1] payable to the Village Clerk upon the filing thereof.

[1]

Editor's Note: See also § 250-118, Reimbursement for professional consulting services.

Referral to the County Planning Board.

(1)

(a)

The boundary of any other municipality (also requires referral to adjoining municipality).

(b)

The boundary of any existing or proposed county or state park or other recreation area.

(c)

The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.

(d)

The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.

(e)

The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.

(2)

(3)

Content of hearing notice. All notices of public hearings shall specify:

(1)

The nature of any proposed amendment.

(2)

The land or district affected.

(3)

The date when and the place where the public hearing will be held.

[2]

Editor's Note: A copy of the Zoning Map is included at the end of this chapter. Consult the official copy on file in the Village Clerk's office for possible revisions.