West Haverstraw City Zoning Code
ARTICLE IV
Use and Bulk Regulations 1
§ 250-11 One-Family Residence (R-1 and R-2) Districts.
A.
Purpose. The purpose of the One-Family Residence Districts is to provide a suitable area for single-family residences and other uses and facilities that are compatible with single-family neighborhoods in the Village of West Haverstraw.
B.
Permitted uses. In a One-Family Residence (R-1) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following:
(1)
Uses permitted by right:
(a)
One-family detached dwellings not to exceed one dwelling unit per lot.
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to those requirements applicable to the granting of the special permit 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 the additional enumerated requirements and conditions for such use are satisfied:
(a)
Places of worship, including parish houses, private schools (if permitted by this chapter) and philanthropic and charitable institutions, subject to the following requirements:
(b)
Railroad and public utility rights-of-way and structures necessary to serve areas within the Village, subject to such conditions as said Zoning Board of Appeals may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(c)
Agency group homes, subject to a special permit of the Zoning Board of Appeals. In accordance with the purposes of this chapter, as set forth in Article I hereof, and in furtherance of the policy of the State of New York to deinstitutionalize those persons who cannot be cared for in their natural homes by placing them in small, dispersed group homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply:
[1]
Said home shall be operated or sponsored by a public social service agency or nonprofit agency authorized by New York State.
[2]
Said home shall have a maximum occupancy of six persons, excluding full-time, sleep-in householder(s).
[3]
Said home shall be set up in size, appearance and structure to bear the general character of a family unit in a relatively permanent household. As such it shall not permit transients or transient living.
[4]
Said home shall conform to and shall be maintained in accordance with the overall character and appearance of the surrounding neighborhood. No sign that advertises the use or occupancy of said home shall be erected.
[5]
Said home shall be provided with an outdoor recreation area, suitably enclosed with a fence. Said area shall be a minimum of 25 square feet per each occupant of the group home and shall not be located nearer than 15 feet to any lot line or street line.
[6]
Any applicant for a special permit for an agency group home shall submit the following information to the Zoning Board of Appeals:
[7]
Any change in the nature or type of the operation of any approved group home shall be subject to a complete new application for a special permit, in accordance with the same standards and procedures as required for the original application.
(d)
Nursery schools and day-care centers duly licensed or authorized by the State of New York and subject to the following:
C.
Accessory uses. Accessory uses shall be as follows:
(1)
Home occupations, provided that:
(b)
Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereof with not more than two nonresident assistants.
(c)
Only customary household appliances and equipment are used.
(d)
Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building.
(e)
Such accessory use shall be permitted only in single-family residences.
(2)
Professional office or studios, including but not limited to those of an architect, artist, dentist, engineer, lawyer, musician, teacher or physician, but not including veterinarians, provided that:
(a)
Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereof with not more than two nonresident assistants.
(b)
Such office or studio shall occupy not more than 50% of the area of one floor of the main building.
(c)
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(d)
Such accessory use shall be permitted only in single-family residences.
(3)
Swimming pools with a depth in excess of two feet, incidental to the residential use of the premises and not operated for gain (which said swimming pools require a building permit), provided that swimming pools shall be subject to the following requirements:
(a)
An adequate permanent fence or barrier, which meets the requirements of the New York State Uniform Building and Fire Prevention Code, shall be erected, maintained and provided with a self-closing, self-latching gate or door to prevent accidental entry or unauthorized use of the pool and, particularly, entry by a small child.
(b)
If located within 10 feet of any property line, such pool shall be screened from the view of abutting properties, but shall not be permitted in the front yard.
(4)
Off-street parking, including private garages, provided that in the case of a one-family dwelling such garage shall have a capacity of not more than three passenger automobiles.
(6)
Other customary accessory uses, including garden houses, toolhouses, sheds, playhouses and greenhouses.
(7)
Storage of not more than one unoccupied recreational vehicle, boat trailer or similar such trailer or boat not exceeding 35 feet in length.
(8)
Temporary structures for the storage of equipment and machinery used in construction of a permanent use and temporary sales offices, for a period not to exceed two years, subject to extension by the Zoning Board of Appeals.
§ 250-12 One- and Two-Family Residence (R-3) Districts.
A.
Purpose. The purpose of the One- and Two-Family Residence (R-3) District is to provide a suitable area for one-and two-family homes and for other uses and facilities that are compatible with residential neighborhood development in West Haverstraw.
B.
Permitted uses. In a One- and Two-Family Residence (R-3) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(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 the additional enumerated requirements for such uses are satisfied:
(a)
Any use permitted by special permit in the One-Family Residence (R-1 and R-2) Districts.
(b)
Annual membership clubs, upon approval of site plan by the Planning Board in accordance with the provisions of Article XVI hereof, and provided that any such club is incorporated pursuant to the provisions of the membership corporation laws (Not-For-Profit Corporation Law) or the benevolent order laws of the State of New York, catering exclusively to members and their guests, and provided that accessory private playgrounds, swimming pools, tennis courts and recreation buildings are not conducted as business enterprises, and further provided that the following shall be prohibited: outdoor entertainment, live or mechanical; the use of outdoor public-address systems for any purpose; exterior lighting, other than that essential for the safety and conveniences of the users of the premises. No building erected under the provisions of this subsection shall be so erected nearer than 50 feet to any street or property line. Site plan approval pursuant to Article XVI hereof shall be required.
§ 250-13 Multiple Residence (R-4) Districts.
A.
Purpose. The purpose of the Multiple Residence (R-4) District is to provide for a range of housing types and densities that are commensurate with the scale and character of various neighborhoods in the Village of West Haverstraw and to provide for other uses and facilities that are compatible with residential developments in these districts.
B.
Permitted uses. In Multiple Residence (R-4) Districts, no building or premises shall be used and no building or part of a 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)
Any use permitted by right in One-Family Residence (R-1 and R-2) Districts.
(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 the additional enumerated requirements for such uses are satisfied:
§ 250-14 Commercial (C) Districts.
A.
Purpose. The purpose of the Commercial (C) District is to provide for intensive retail, office and service uses, along with related uses, such as parking and loading and other supportive uses that are appropriate to the central business district of the Village of West Haverstraw.
B.
Permitted uses. In a Commercial (C) District, no building or premises shall be used and no building or part of a 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)
One-family detached dwellings, not to exceed one detached dwelling per lot, but not in a building or structure, or on a lot, otherwise occupied by a nonresidential commercial use, subject to site plan approval in the discretion of the Building Inspector.
[Added 7-20-2005 by L.L. No. 2-2005; amended 9-16-2020 by L.L. No. 6-2020]
(b)
Two-family dwellings, not to exceed one detached dwelling per lot, but not in a building or structure, or on a lot, otherwise occupied by a nonresidential commercial use, subject to site plan approval in the discretion of the Building Inspector.
[Added 7-20-2005 by L.L. No. 2-2005;[1]amended 9-20-2006 by L.L. No. 10-2006; 9-16-2020 by L.L. No. 6-2020]
[1]
Editor's Note: This local law also redesignated former Subsection B(1)(a) through (p) as B(1)(c) through (r), respectively.
(c)
Retail sales.
(d)
Restaurants and drinking establishments, provided that no drinking establishment may be located within 200 feet of a place of worship, school or park. Said 200 feet shall be measured from each corner of the building housing said use to any corner of a place of worship, school or park.
(e)
Banks with or without drive-in windows.
(f)
Personal service establishments such as but not limited to barbershops, beauty parlors and tailors.
(g)
Museums, libraries, community centers and art galleries.
(h)
Business and professional offices.
(i)
Service establishments furnishing services other than of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair or service.
(j)
Outlets and pickup stations for laundries and cleaning establishments, excluding the washing of wearing apparel on the premises. However, cleaning or washing of wearing apparel or household effects on the premises shall be permitted if noncombustible solvents are used, except for the incidental removal of spots with a combustible solvent, and washing is done in individual coin-operated machines.
(k)
Places of worship.
(l)
Public utility structures and rights-of-way.
(m)
Shopping centers.
(n)
Social halls, meeting rooms and convention and catering facilities.
(o)
Indoor commercial recreational facilities.
(p)
Drive-in restaurants.
(q)
Theaters and cinemas.
(r)
Automotive washing facilities.
(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 the additional enumerated requirements for such uses are satisfied:
(a)
Residential use on the same lot as commercial use, subject to the following requirements:
[Added 7-20-2005 by L.L. No. 2-2005[2]]
[1]
Mixed commercial and residential use. Up to two separate dwelling units in the same building as a single commercial use may be permitted by a special permit of the Zoning Board of Appeals, in the C Zoning District along Railroad Avenue from Main Street to Samsondale Avenue, and along the easterly side of Route 9W from Railroad Avenue north to the southerly boundary of Grace Avenue, provided:
[Amended 10-1-2014 by L.L. No. 5-2014; 2-3-2016 by L.L. No. 2-2016; 12-5-2016 by L.L. No. 9-2016]
[a]
The lot area on which the building is situated is no less than 5,000 square feet;
[b]
The commercial use shall not extend above the first floor (street level) of the building, and the residential portion of the building is accessed by a means that does not pass through the commercial use;
[c]
The commercial use does not generate obnoxious odors, or other conditions inconsistent with a residential use;
[d]
The building meets the NYS Building and Fire Prevention Code requirements for both the commercial and residential uses proposed;
[e]
There is adequate off-street parking to accommodate the residential use, and additional off-street parking to accommodate the commercial use, as the Planning Board may deem necessary, taking into account the nature of the commercial use, its hours of operation, and the parking needs likely to be generated thereby.
[i]
The minimum number of off-street parking spaces required for both the residential and commercial uses shall be fixed by the Planning Board as part of the site development plan review process;
[ii]
There shall be no parking of commercial vehicles, having a weight in excess of 12,000 pounds, either on the lot or on the sheet, except when actually engaged in the making of deliveries or pick-ups for the commercial use;
[2]
Editor's Note: This local law also redesignated former Subsection B(2)(a) through (f) as B(2)(b) through (g), respectively.
(b)
Gasoline/filling service stations, subject to the following requirements:
[1]
No such station shall be located closer than 200 feet to a school of general instruction, public recreation area, church or hospital, measured to the lot lines thereof.
[2]
Curb cuts shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
[3]
Pumps, pump islands and canopies are structures and shall not be located in any required yards or setbacks, except that the Planning Board may allow canopies to extend into the setback but not into any yard. No outdoor display of products not associated with the gasoline service station use shall be permitted.
[4]
Screening. A ten-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and/or a fence, not less than six feet high (or as determined by the Zoning Board of Appeals), which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be maintained with low shrubs maintained at a height of two feet and/or trees with a branching habit which begins at least eight feet above ground level. Furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight (35 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
[5]
Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:
[a]
All vehicles at gasoline service facilities, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside a building. No car, truck or trailer rentals shall be permitted.
[b]
There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business, except that pricing signs are excluded from this regulation.
[c]
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.
[d]
No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing tires or windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.
[e]
During the hours that a gasoline service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.
[f]
All landscaped areas designated on the gasoline service station site development plan and/or landscaping plan shall be maintained in a neat and sanitary condition.
[6]
Vehicle sales restricted. The display for sale of more than two used motor vehicles is prohibited.
[7]
Discontinuance of use. In the event that a gasoline service station is abandoned, as determined by the Building Inspector/Village Engineer, the owner, lessee and/or motor fuel supplier of said gasoline service station shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only and thereafter with a solid material, or otherwise as provided by applicable county, state or federal regulations. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
(c)
Repair of automobile bodies, subject to the following requirements:
[1]
All vehicles shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for repairs may be left outside for a period not to exceed seven days, provided that they are within a designated screened area. At no time shall any dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside a building. No car, truck or trailer rentals shall be permitted.
[2]
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.
[3]
No repair work may be performed out of doors.
[4]
During the hours of operation, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.
[5]
All landscaped areas designated on the site development plan and/or landscaping plan shall be maintained in a neat and sanitary condition.
(d)
Automobile sales and service agencies for the sale and servicing of new and used motor vehicles, accessories and customary accessory uses may be permitted, provided that such agencies are franchised dealers or factory-owned dealerships of new motor vehicles and that all operations are conducted from the same site and subject to the following requirements:
[1]
No such facility shall be closer than 500 feet, measured along the designated street line, to any residential district boundary, institutional or nonprofit use or school of general instruction. Such use may be permitted within 100 feet of a residential district along a rear lot line.
[2]
Site lighting. A site lighting plan shall be provided, including all technical specifications for the type and intensity of lighting proposed, the location and height of all lighting fixtures, standards, luminaries and facilities, evidence that lighting will not affect nearby residential properties and the proposed hours of operation of night lighting.
(e)
Outdoor commercial recreational facilities, subject to the following requirements:
[1]
Site lighting. A site lighting plan shall be provided, including all technical specifications for the type and intensity of lighting proposed, the location and height of all lighting fixtures, standards, luminaries and facilities, evidence that lighting will not affect nearby residential properties and proposed hours of operation of night lighting.
[2]
Noise. Adequate evidence must be furnished by the applicant demonstrating that noise levels will not be likely to disturb nearby residential properties. Such evidence must take into account the nature of the activity, the general demeanor of participants, the number of participants, the frequency of the activity and time and day of the proposed activity.
[3]
Waste. A plan must be provided demonstrating that activity generated waste, such as fertilizer and insecticide runoff or airborne spray, solid waste and any other by-product of the activity will be disposed of properly.
[4]
Special consideration. Because the range of activities permitted as family recreation and the characteristics and intensity of such use may vary widely, the Zoning Board of Appeals may impose such additional requirements as may be necessary to provide adequate protection to adjoining and nearby properties, giving due consideration to the proposed activity, the proposed location and the nature of the adjoining community.
(f)
Veterinary hospitals, subject to the following requirements:
[1]
In considering the application for a special permit for the accessory use of sheltering animals, the Zoning Board of Appeals shall consider the number, size, breed and temperament of animals to be sheltered and shall impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.
(g)
Railroad passenger stations and bus stations shall be permitted as a special permit use, provided that there is no maintenance, repair or storage of commercial vehicles on the premises and that adequate off-street parking space for passengers and employees is provided, and provided that:
[1]
The facility is necessary to serve the surrounding residential or retail area.
[2]
The facility is so located as to draw a minimum of vehicular traffic to and through local streets or past an elementary school, park or playground.
[3]
The facility is located on a major road or on a secondary road within 500 feet of a major road.
[4]
The parking areas occupy no more than 20% of the front yard and are not within 20 feet of any residential district lot line.
(h)
Ministorage facilities, subject to the following requirements:
[Added 12-3-2018 by L.L. No. 5-2018]
[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.
[3]
Site fencing and screening shall be provided as required by the Planning Board. Colors of structures and signs shall be neutral or earth tones or as otherwise required by the Planning Board.
[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.
[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 35 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 5-17-2017 by L.L. No. 7-2017]
(a)
Retail sales from temporary tents, canopies and/or membrane structures, subject to the provisions of as defined New York State Fire Code, Chapter 31.
[1]
No such tents, canopies and/or membrane structures shall be installed or used other than for temporary retail sales;
[2]
Such tents, canopies and/or membrane structures shall not be installed and used for retail sales at or on an approved location for more than 10 consecutive days, or four weekends (Friday through Sunday) in any six-month period, except in the case of the sale of County-authorized sparkling devices (and related products sold at the same period), which may be sold during the periods specified at § 4 of County Local Law No. 4 of 2015;
[3]
All such tents, canopies and/or membrane structures shall comply, in all respects, with the provisions of the New York State Fire Code, including but not limited to Chapter 31 thereof, as may be amended from time to time;
[4]
The use permitted hereby by special permit of the Village Board shall not be permitted, except on lots having a minimum area of 40,000 square feet and a paved parking or other contiguous open paved area of at least 10,000 square feet in bulk, with sufficient remaining parking to meet the practical needs of the principal use of the property.
(b)
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.
[Added 9-2-2020 by L.L. No. 5-2020]
[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.[3]
[3]
Editor's Note: Former Subsection B(3)(b)[8], regarding sit development plan approval, which immediately followed, was repeated 6-21-2023 by L.L. No. 7-2023.
(c)
Manufacturing, fabricating and assembling inside a wholly enclosed building.
[Added 3-17-2021 by L.L. No. 2-2021]
[1]
The minimum lot area on which manufacturing, fabricating and/or assembly shall be permitted shall be no less than four acres in area, consisting of a single commercially zoned tax lot (or on multiple lots lawfully merged into one all fully within the C Zoning District).
[2]
All manufacturing, fabricating and/or assembly operations shall take place wholly within an enclosed building.
[3]
No materials of any kind or type used in the manufacturing, fabricating or assembly operation shall be stored outdoors, or in storage containers or trailers parked or located outside of the building, whether such materials are on site as inventory awaiting manufacturing, fabrication or assembly or are post-fabrication, manufacturing or assembly awaiting transport off site, including by way of example, but not limitation, sand, stone, concrete, cement, rebar, steel or other metal product, or construction debris.
[4]
The building structure housing the use shall be appropriately located on the site and visually attractive. Building expanses exceeding 100 feet in length shall be broken by architectural features that enhance the appearance of the wall. The Village Board shall approve exterior elevations and renderings for aesthetic appeal as part of the special permit process.
[5]
The operations building shall be constructed and maintained in a manner such that all noise and ambient odors associated with the manufacturing, fabricating and assembly processes are strictly confined within the building structure, and not detectable beyond a distance of 25 feet from the building. Doors, windows and other building penetrations, other than ventilation openings, shall remain closed during manufacturing (etc.) operations.
[6]
Related business office space may be located in the manufacturing building or in a separate building on the same site; office space shall be for the principal business only.
[7]
The maximum building height shall not exceed 45 feet.
[8]
Business office parking shall be calculated at one space per 300 square feet of gross floor area; parking for the manufacturing, fabricating and assembly building/area shall be as set by the Planning Board as part of the site plan approval process, but shall not less than 20 spaces.
[9]
All truck parking shall be located inside, or outside at the rear of, the manufacturing building structure. Employee and visitor parking may be appropriately located elsewhere on the lot in reference to the structure or structures.
[10]
Trucks exceeding 8,500 pounds shall not idle on site more than five minutes, or otherwise per NYS law.
[11]
There shall be a landscape buffer, natural or installed, along all sides of the site other than in the front yard.
[12]
The special permit shall be subject to site development plan approval.
C.
Accessory uses. Accessory uses shall be as follows:
[Amended 9-6-2017 by L.L. No. 8-2017]
(1)
Customary uses incidental to the principal use on the site, including, but not limited to, off-street parking and loading and signs, that are accessory to an establishment located on the same, or an immediately adjacent, lot within the same zoning district, provided that:
(b)
Where a use accessory to a principal use on one lot is to be located on an immediately adjacent lot (the "accessory lot"), the consent of the owners of both lots shall be required, which consent shall be evidenced by a writing, approved by the Village Planning Board, and recorded against both lots in the office of the Rockland County Clerk, expressly restricting the use of the accessory lot to a use accessory to the use on the immediately adjacent lot. Such restriction shall continue, and not be removed of record, until such time as the principal use shall be discontinued, or the accessory lot shall no longer be required for a use accessory to the principal use on the immediately adjacent lot.
(2)
The use of any lot as an accessory lot shall require site plan approval, pursuant to Article XVI hereof.
(3)
The accessory uses to one-family and two-family detached dwellings shall include the same accessory uses as apply in the R-1 and R-2 districts.
[Added 9-16-2020 by L.L. No. 6-2020]
D.
Screening. Any nonresidential use located on a lot which lies within 25 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, height and spacing as may be required by the Planning Board of an initial height of not less than five feet and adequate to screen all operations on the lot from the view of properties in the adjoining residence district.
§ 250-15 Planned Light Industrial (PLI) Districts.
A.
Purpose. The purpose of the Planned Light Industrial (PLI) District is to regulate areas for a wide range of light industrial activity in close proximity to other land uses present in the Village of West Haverstraw.
B.
Permitted uses. In a Planned 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:
(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 the additional enumerated requirements for such uses are satisfied:
(a)
Contractors' storage yards, subject to the following requirements:
[1]
The Zoning Board of Appeals may require that all building materials, equipment and supplies be located within enclosed buildings or 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.
[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.
(b)
Retail and wholesale sales in conjunction with a wholesaling or warehousing business..
(c)
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.
[3]
Site fencing and screening shall be provided as required by the Planning Board. Colors of structures and signs shall be neutral or earth tones or as otherwise required by the Planning Board.
[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.
[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 35 feet.
[Amended 12-3-2018 by L.L. No. 5-2018]
[9]
There shall be no parking requirements for a ministorage use except as set forth in Subsection B(2)(c)[2] and [4] aforesaid.
C.
Accessory uses. Accessory uses shall be as follows:
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 Planning Board 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.
§ 250-15.1 Mixed Use Light Industrial District.
[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.
(b)
Storage and warehousing.
(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.
(d)
Arboretum; conservatory.
(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.
(g)
Exercise studio.
(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.
(n)
Personal service shops.
(o)
Printing and copying facility.
(p)
Wellness and health facility.
(q)
Education/training/meeting facility.
(r)
Commons.
(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]
(v)
(Reserved)
(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.
(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.
[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.
§ 250-15.2 Open Space Conservation District.
[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:
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.
§ 250-16 Uses prohibited in all districts.
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.
E.
Dumps and junkyards.
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]
§ 250-17 Adult entertainment uses.
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."