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