Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
A. 
In considering an application for a special permit for any use, as provided in Columns 3 and 4 of the Use Table,[1] the Zoning Board of Appeals and Town Board shall take into account the following:
(1) 
Accessibility of the property involved in the application to fire and police protection.
(2) 
Access of light and air to the property and to adjoining properties.
(3) 
Traffic conditions.
(4) 
Transportation requirements and facilities.
(5) 
Water supply, sanitary and drainage facilities.
(6) 
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 apt to gather in said buildings and/or any decrease or impairment in the market value of said buildings, uses and structures if the proposed use is granted.
(7) 
The general safety, health, peace, comfort and general welfare of the community-at-large.
(8) 
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 shall be such that it will be in harmony with the Town Master Plan and Official Map.
(9) 
That the location, nature and height of buildings, walls and/or fences will not discourage the appropriate development and/or use of adjacent land, uses, structures and buildings or impair the value thereof.
(10) 
In case of an application for a use involving the storage, care and/or service of motor vehicles, the Zoning Board of Appeals and Town Board shall consider any hazards arising from the storage and use of flammable fluids.
[1]
Editor's Note: The Tables of General Use Requirements are included at the end of this chapter.
B. 
Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any use permitted by right.
C. 
Prior to its determination of any application for a special permit use, the Zoning Board of Appeals or Town Board shall request and review a recommendation from the Planning Board as to the above general considerations.
D. 
After the granting of a special permit use, the application for a building permit shall be referred to the Building Department.
[Amended 7-8-1991 by L.L. No. 3-1991]
E. 
The Zoning Board of Appeals or Town Board 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 or Town Board may grant a bulk variance for other than minimum lot area, only if the Planning Board, in reviewing the site plan, recommends that such variance would be desirable to promote proper use of the site.
F. 
It is further provided that, in granting or denying a special permit, the Zoning Board of Appeals and/or Town Board shall specify in its decision the particular grounds relied upon in reaching such a determination.
G. 
Prior to granting any special permit use, the Zoning Board of Appeals shall ensure that the application and site plan comply with all other applicable regulations, ordinances and local laws. Whenever there is any conflict, the Board shall ensure that the most restrictive regulation, ordinance or local law will prevail.
H. 
All special permit uses are required to obtain site plan approval by the Planning Board in accordance with Article VII.
A. 
Heliports.
(1) 
Surfacing. Any area to be used by aircraft under its own power shall be provided with a dustless surface.
(2) 
Minimum distance to lot lines. No area to be used by an aircraft under its own power shall be less than 200 feet from any lot line, except that ends of runways shall be no closer than 400 feet to any lot line.
(3) 
Fencing. Access to areas used by aircraft in motion shall be controlled by fences and gates.
(4) 
Screening. Screening of the site shall be provided within 150 feet of an R District.
(5) 
Accessory uses. Vending machines and aircraft repair facilities, all within completely enclosed buildings, are permitted. Storage below ground and the incidental sale of aviation gasoline may also be permitted in connection with the operation of the heliport.
B. 
Heliport maintenance and repair facility.
(1) 
The minimum lot area shall be five acres.
(2) 
The minimum lot width shall be 200 feet.
(3) 
The minimum side yard depth shall be 50 feet.
(4) 
The minimum rear yard depth shall be 75 feet.
(5) 
The minimum front yard depth shall be 100 feet.
(6) 
The maximum building height shall be 24 feet.
(7) 
A minimum fifteen-foot buffer shall be provided adjacent to any one-hundred-year floodplain.
(8) 
Use of a heliport maintenance and repair facility shall be limited to maintenance and temporary parking of helicopters, emergency evacuation and transportation, rescue and medical services; river patrols; and law enforcement operations.
(9) 
Helicopter maintenance equipment shall not operate earlier than 7:00 a.m. or later than 8:00 p.m.
A. 
Swimming clubs or swimming pools, other than private swimming pools, shall be classified and located as follows:
Type of Pool
(class)
Maximum Area
(square feet)
Minimum Setback From Any Property Line
(feet)
A
Over 3,500
200
B
2,501 to 3,500
175
C
1,501 to 2,500
150
D
1,500 or less
100
B. 
All recreational facilities shall comply with the following minimum setback requirements:
Type of Facility
Minimum Setback From Any Property Line
(feet)
Handball courts
100
Basketball courts
100
Baseball diamond (not outfield)
100
Volleyball courts
100
Concession stands
100
Established picnic areas (tables, barbecue pits, etc.)
100
Outfield relative to baseball or softball
50
Parking areas
50
Picnic grounds (not improved)
50
Games normally involving less than 10 people, such as horseshoe pits, nature trails, etc.
50
C. 
Lighting. If outdoor lighting is required by the Zoning Board of Appeals or Planning Board for any of the foregoing recreational facilities which permit use of the facilities after 10:00 p.m., the applicable setback requirements for such facilities 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.
D. 
Noise. Public-address systems or any other amplified sound system shall be permitted only in accordance with standards and requirements established by the Zoning Board of Appeals.
E. 
Parking. All parking areas and spaces shall have dustless surfaces.
F. 
Use of pool. The maximum number of families permitted to use any swimming pool shall be 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 A above.
G. 
Enclosed buildings. All indoor facilities shall be located within completely enclosed buildings.
A. 
Removal of topsoil. Removal of topsoil on a construction site from the Town of Haverstraw is strictly prohibited unless approved by the Zoning Board of Appeals.
B. 
Special considerations. The proposed operation shall not contribute to soil erosion by water and/or wind, nor shall it adversely affect soil fertility, drainage and/or lateral support of abutting land or other properties. The applicant must submit an erosion control plan with his application.
C. 
Hours of operation. In all districts, there shall be no operations between 7:00 p.m. and 8:00 a.m. nor on Saturdays, Sundays or legal holidays.
D. 
Fencing. When any open excavation will have a depth of 10 feet or more and create a slope of more than 30°, there shall be a substantial fence at least six feet high, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation.
E. 
Slope. The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.
F. 
Access roads. Those portions of access roads within the area of permit and located within 500 feet of a lot line shall be provided with a dustless surface.
G. 
Minimum distance from lot lines. The top of the natural slope in cut for any excavation and any mechanical equipment shall not be less than 50 feet from any lot line.
H. 
Rehabilitation of the site. Before a special permit is granted, a plan for rehabilitation, showing both existing and proposed final contours, and a schedule showing the order in which the areas of the site are to be worked, shall be submitted and approved by the Zoning Board of Appeals. Prior to submitting the plan to the Secretary of the Zoning Board of Appeals, the applicant shall submit the plan for review by the local office of the Rockland County Soil and Water Conservation District for its report, which shall be submitted with the plan. After rehabilitation, the site shall be made reusable for a use permitted in Column 2 of the Use Table[1] for the district. Sufficient arable soil shall be set aside and shall be respread over the premises after the operation by a layer of earth two feet thick or of original thickness, whichever is less, capable of supporting vegetation. Fill shall be of a suitable material approved by the Zoning Board of Appeals.
[1]
Editor's Note: The Tables of General Use Requirements are included at the end of this chapter.
I. 
Performance bond. Before the issuance of any special permit, the owner shall execute a bond in the amount recommended by the Town Engineer and approved by the Zoning Board of Appeals, to secure the aforesaid rehabilitation of the site in accordance with the plan specified in Subsection H above. Such bond shall also be approved by the Town Board as to the form, sufficiency and manner of execution and shall run for the same term as the term of the special permit.
The Town Board may grant a special permit for the construction and operation of a nursery school, provided that:
A. 
Such school shall comply with all licensing, site area and dimensional requirements established for such schools by the New York State Department of Education or Department of Social Services.
B. 
Such school shall have at least 250 feet of frontage on an improved through or collector road as shown on the adopted Town Master Plan.
C. 
Maximum building area as a percent of lot area shall not exceed 10%, and the maximum of building area plus paved area as a percent of the lot shall not exceed 20%.
D. 
All yard setbacks shall be equal to twice those required in the adjoining district, but in no case shall such setbacks be less than 75 feet.
E. 
Adequate screening shall be provided, as required by the Town Board, along all adjoining residential property boundaries or across the street from residential properties, except where driveway access is required.
The Town Board may grant a special permit for the construction of a public utility substation or communication relay station, provided that:
A. 
The facility shall serve the area of the Town of Haverstraw and/or immediately adjacent communities.
B. 
The minimum lot for a public utility facility or communication relay station shall be that required by the zoning district in which it is located or one acre, whichever is greater. The maximum building area, in percentage of the lot, shall be 25%. There shall be provided suitable fencing to protect the public and evergreen planting of sufficient height and density to screen effectively the substation from surrounding property.
C. 
Setbacks.
(1) 
All structures, including required fencing, shall be set back from the boundaries of the parcel a horizontal distance equal to the greatest of the following:
(a) 
The height of the structure, measured from its nearest base.
(b) 
The yard requirements of the zoning district.
(c) 
Thirty feet.
(2) 
The Town Board may increase these required setbacks or attach other conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Substations which would be a nuisance to surrounding property because of smoke, gas, odor, heat or vibration shall not be permitted in any zoning district.
D. 
There shall be adequate off-street parking, but in no case less than two parking spaces.
E. 
Utility substations to be dedicated to the Town. In those instances where the proposed public utility substation is to be dedicated to the Town, the requirements of Subsections B, C, and D shall be as determined by the Town Board at the time of granting the special permit.
[Added 6-24-2002 by L.L. No. 7-2002]
In any district, the Zoning Board of Appeals may grant a special permit for a reasonable period of time not to exceed one year for temporary office trailers.
In any residence district, the Town Board may grant a special permit for the operation of a group home and/or community residence for adults, subject to the following:
A. 
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.
B. 
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.
C. 
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 less than two off-street parking spaces be provided.
D. 
In addition to all other normally required items of information, the following additional documentation shall also be submitted with the special permit application:
(1) 
A copy of the operating certificate issued by the New York State Department of Social Services or Department of Mental Hygiene or the Office of Mental Hygiene.
(2) 
Copies of all correspondence between the applicant and the State of New York with respect to proposed changes in the size of the facility.
(3) 
A complete statement of the proposed type, number, age and permanency of residence of the persons to be cared for, and the number and qualifications of both resident and nonresident adult supervisory personnel.
(4) 
A complete statement of the applicant's plans for the social and economic integration of the projected residents into the community, including their educational, employment and recreational needs, transportation and service requirements and any other such information as may be relevant and determined necessary by the Town Board.
(5) 
A vicinity map indicating the location of the proposed facility in relation to other existing group-care facilities or other similar types of care facilities within a radius of two miles of the subject site.
(6) 
A floor plan indicating the use and arrangement of space within the proposed facility.
Funeral homes shall be subject to the following:
A. 
Bulk regulations.
(1) 
Minimum lot size: 60,000 square feet.
(2) 
Maximum lot coverage: 70%.
(3) 
Maximum building height: 35 feet.
(4) 
Yard setbacks shall be as follows:
Road Classifications
Yard
Major
(feet)
Secondary
(feet)
Collector/Local
(feet)
Front
30
20
50
Yard
District Classification Commercial and Professional Office
(feet)
Side Rear
0 20
B. 
Permitted accessory uses.
(1) 
Single-family or semiattached residence, provided that it is occupied by the owner, manager or employees of the establishment.
(2) 
Private garage.
C. 
Parking and driveways.
(1) 
All parking spaces shall be a minimum of 10 feet by 20 feet and no spaces shall be within 10 feet of a property line.
(2) 
Driveways shall not be located within 60 feet of any street intersection and within 30 feet of any property line. The width of driveways shall not be less than 20 feet for one-way traffic and not less than 24 feet for two-way traffic, except for an access driveway (connecting with a road), which shall be at least 30 feet wide.
All animal hospital facilities shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line. Exercise pens and runways shall not be permitted within 200 feet of any lot line and within 300 feet of the front yard line when such line abuts a residential district.
Public utility rights-of-way shall be provided only to the extent necessary to serve areas within the Town, subject to such conditions as the Town Board 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. All telephone, electric distribution lines and transmission lines of 138 kilovolts and less shall be placed underground.
Day-care centers authorized by the New York State Department of Social Services shall be subject to the following:
A. 
The minimum lot size shall be two acres.
B. 
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.
C. 
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.
D. 
State licensing standards and requirements must be met.
E. 
Setbacks, screening and landscaping shall conform to the pertinent portions of this Zoning Local Law.
F. 
Structure shall meet building, sanitation, health, traffic safety and firesafety code requirements.
G. 
A minimum of one off-street parking space shall be provided for each employee, plus an off-street drop-off/pickup area. These should be elements of a site plan requiring municipal approval.
H. 
Filing of a child-care registration form with the Town of Haverstraw.
A. 
A home occupation is an occupation or profession which:
(1) 
Is customarily carried on in a dwelling unit.
(2) 
Is carried on by a member of the family residing in the dwelling unit.
(3) 
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(4) 
Shall not utilize more than 25% of the total floor area of the dwelling unit, and in no event more than 500 square feet.
(5) 
Shall not be conducted in an accessory building or outside the principal building.
B. 
In no manner shall the appearance of the building be altered or shall the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, size or the emission of sounds, noises or vibrations. No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises.
C. 
The home occupation shall not increase the vehicular traffic flow by more than one additional vehicle at a time and shall not involve the use of outdoor storage of commercial vehicles for delivery of materials to and from the premises.
D. 
There shall be no exterior display or exterior sign, except the following: one nameplate and/or one home occupation sign of not more than two square feet in dimension. Such nameplate and/or sign may not be indirectly illuminated unless it is set back at least 10 feet from the street line. There shall be no other exterior indication of such home occupation or variation from the residential character of the principal building.
E. 
There shall be no storage or standing of any commercial or construction equipment or the outdoor storage of materials. In addition, there shall be no keeping of a stock-in-trade or the sale of any goods or the use of any chemical, mechanical or electrical equipment which is not a customary household appliance or light office equipment.
F. 
No more than one person outside the family shall be employed on a full-time or part-time basis in connection with such home occupation. In this context, "part-time" shall mean employment for 21 hours per week or less.
G. 
No home occupation shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other hazard or nuisance to any greater extent or more frequent extent than that usually experienced in the district under circumstances wherein no home occupation were to exist.
H. 
A home occupation is granted to the land, not to a particular owner.
Gasoline service stations shall be subject to the following:
A. 
All repairs and services shall take place within a principal structure.
B. 
The walls of the principal structure shall be at least 25 feet from the side and rear property lines and at least 40 feet from a street right-of-way line.
C. 
All exit and entrance drives shall be at least 10 feet from any adjoining property line.
D. 
Any fuel or air pump and filler pipe shall be located 25 feet from any property line.
Schools of special instruction shall be subject to the following:
A. 
Such schools shall be nonprofit organizations within the meaning of the Internal Revenue Act.
B. 
The prime purpose shall be the general education in the arts and sciences, chartered by the Board of Regents of the State of New York. The Town Board may condition continued approval of a special exception use for a school upon receiving registration of the school from the Board of Regents in accordance with the regulations of the New York State Education Department.
C. 
Such schools shall have a minimum site area of 10 acres and an additional two acres for each 100 pupils in excess of 500 pupils.
D. 
Outdoor playing fields shall be screened from public view by trees, hedges or other suitable shrubbery.
E. 
Adequate roads for ingress and egress shall be provided as required by the Planning Board and/or the Zoning Board of Appeals.
F. 
The maximum permitted building height for such schools shall be three stories, provided that all of the following conditions are met:
(1) 
The minimum site shall be 25 acres.
(2) 
The minimum setback for buildings in excess of 26 feet in height shall be three times the building height as measured from any adjacent undeveloped or residentially used property in a residence district and five times the building height from any public street.
(3) 
Appropriate buffer screening shall be designed and installed within setback areas adjoining or facing residential properties to the extent determined appropriate by the Planning Board as a part of the site plan approval process.
Restaurants with live entertainment shall not be located within 150 feet of any residential district nor within 200 feet of any lot line of a school, place of worship, hospital, nursing home, community residence or group home. Such restaurants shall not operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment at a sound level greater than L3 dBA as read by the slow response on a sound-level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.
Auction establishments may be permitted by the Town Board, subject to the following requirements:
A. 
The applicant shall provide information to the Town Board as to the number of booths and vendors, the type of merchandise to be sold and the hours of operation.
B. 
Access points for auction establishments shall not be located closer than 150 feet to the designated street lines of any street intersection. The internal vehicular traffic circulation system shall be designed to provide for safe and convenient travel without the potential for traffic backing into other public traveled ways or creating hazardous conditions for vehicles and pedestrians within or proximate to the site. The location and design of such access points shall be subject to approval by the Town Board.
C. 
Booths, tables and other display areas in auction establishments shall be considered structures and may not be located in any required yard or setback. No outdoor display of merchandise shall be permitted accessory to any indoor market.
D. 
For purposes of parking computation for an auction establishment, the floor area would be determined by defining the perimeter of that area which would accommodate all of the display areas, aisle space, storage areas and other accessory uses as if the entire operation were enclosed within a structure.
E. 
Adequate facilities for refuse disposal shall be provided so as not to cause objectionable odors or appearance or create a health hazard. Refuse disposal areas shall be enclosed on all sides.
Wholesale sales are permitted, subject to the following requirements: Sales and showroom facilities shall be permitted, provided that said products sold are not fabricated, processed, converted, altered, assembled or reassembled on premises or locations on the site in question or for wholesale sales in connection with a wholesale business.
Automobile washing facilities may be permitted by the Town Board, subject to the following requirements:
A. 
Such facilities shall not be located closer than 400 feet to any residential district boundary line, school, hospital, nursing home or other similar institutional use.
B. 
Each facility shall provide waiting areas sufficient for the queueing of not less than 15 automobiles for each automatic car wash on the premises.
C. 
Disposal and the means of disposal of wash water shall be subject to approval by the Town Board, the Rockland County Health Department and/or the Joint Regional Sewerage Board.
A. 
A telephone exchange building shall be permitted, provided that there is neither outdoor service and/or storage yard nor a business office.
B. 
One off-street parking space shall be provided for every two employees on duty at the peak employment hour or one space per 500 square feet of gross floor area, whichever is less. Parking space shall be located only in side or rear yards and shall be permanently improved.
C. 
The building shall conform to the same yard setback requirements applicable to adjoining residences, but no side yard shall be smaller than 25 feet.
D. 
The Town Board shall require suitable screening to prevent nuisance to neighboring properties.
E. 
A telephone exchange building shall be located on a lot of at least five acres.
A. 
Electrical uses, etc., shall be subject to a finding, in addition to the objectives of §§ 167-10 and 167-13, that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.
B. 
The Town Board may require that such use be enclosed by protective fencing with a gate.
C. 
The installation shall be so designed, enclosed, painted and screened that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in good condition.
The lot area of libraries, museums and art galleries shall not be less than five acres, nor shall lot coverage exceed 10%.
Multifamily housing in the WRD District shall be subject to the following:
A. 
Portions of a site which consist of a water body shall not be considered as buildable lot area and shall not be considered in satisfying the bulk requirements.[1]
[1]
Editor's Note: The Table of General Bulk Requirements is included at the end of this chapter.
B. 
Areas of a site which are encumbered by easements shall not be considered as buildable lot area and shall not be considered in satisfying the bulk requirements.
C. 
The first floor elevation of all buildings and parking areas shall be above the limits of the floodplain as shown on FEMA maps, adjusted for wave action, but in no case less than two feet above the one-hundred-year frequency storm level.
D. 
Two off-street parking spaces shall be provided for each dwelling unit, at least one of which shall be enclosed in the same building as the dwelling unit.
E. 
The surface area of water bodies on a site shall be no less after construction than before construction.
F. 
Multifamily housing units shall be provided at or below the following densities:
Stories
Dwelling Units per Acre
1
4
2
5
3
6
4
7
5
8
6
9
7
10
8
11
G. 
The Town Board may provide for limitations on occupancy to meet the needs of senior citizens where the head of a household is at least 55 years of age.
H. 
All multifamily housing developments shall provide permanent public access to the Hudson Riverfront, as required by the Town Board.
A. 
The Town Board, pursuant to § 278 of the New York State Town Law, may, in its discretion, modify applicable provisions of this chapter, subject to the conditions listed below and such other conditions as the Town Board may require. This authorization shall be applicable only to lands zoned for residential purposes and lying outside the limits of any incorporated Village. The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands.
[Amended 6-24-2002 by L.L. No. 7-2002]
B. 
If the owner makes written application for the use of this procedure, it may be followed at the discretion of the Town Board if, in said Town Board's judgment, its application would benefit the Town.
C. 
The application of this procedure shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Town Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the zoning district or zoning districts in which such land is situated and conforming to all other applicable requirements.
D. 
In the case of a residential plat or plats, the dwelling units permitted may be, at the discretion of the Town Board, detached, semiattached, attached or multistory structures.
E. 
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes directly related to the plat, then the Town Board, as a condition of plat approval, shall establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes.
F. 
The proposed site plan, including areas within which structures may be located; the height and spacing of buildings; open spaces and their landscaping; off-street open and enclosed parking spaces; and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan, shall be subject to review and public hearing by the Town Board in the same manner as set forth in §§ 276 and 277 of the Town Law for the approval of plats.
G. 
Upon the filing of the plat in the office of the County Clerk or Registrar, a copy shall be filed with the Town Clerk.
H. 
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter applicable to such lands.
[Added 1-22-2001 by L.L. No. 7-2001]
A. 
No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use business within the Town of Haverstraw unless they have applied for and obtained a special permit from the Town Board. To receive such a special permit, the applicant must satisfy the following criteria:
(1) 
An adult entertainment use business may be located in a C Commercial District and shall not be located in any other residential, business or industrial district.
(2) 
No more than one adult entertainment use business shall be located on any lot.
(3) 
No adult entertainment use business shall be established or permitted in any building of which any part is used for residential purposes.
(4) 
No adult entertainment use business shall be established closer than 1,000 feet to any lot line of any other adult entertainment use business.
(5) 
No adult entertainment use business shall be established closer than 1,000 feet to the lot line of any residential district, which shall include any zoning district that permits residential use; nor shall any adult entertainment use business be established closer than 1,000 feet to any lot line of any residence in use at the time of the application of the adult entertainment use business.
(6) 
No adult entertainment use business shall be established closer than 1,000 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 facilities or public park.
(7) 
Partial use. If greater than 50% of the surface area of any lot complies with the requirements of Subsection A(4), (5) and (6) above, the whole lot may be used for the purposes of an adult entertainment use business, providing that the premises housing any adult entertainment use business is at least 500 feet from any lot line of any residence in use at the time of the application for an adult entertainment use business.
(8) 
The applicant must meet all other zoning regulations of the Town of Haverstraw, including, but not limited to, the bulk requirements of the C District and signage requirements applicable to the C District. An adult entertainment use business shall be required to comply with the parking requirements applicable to commercial recreational establishments.
B. 
Termination. Any adult entertainment use business in existence at the time of this section that fails to conform to the requirements of this section shall terminate within one year from the date of this section except that such adult business may continue for a limited period established by the Zoning Board of Appeals pursuant to Subsection C below.
C. 
Amortization of adult entertainment use businesses. The Zoning Board of Appeals may permit any nonconforming adult business to continue for a limited period of time beyond the period set forth in Subsection B above, provided that:
(1) 
An application is made by the owner of such business to the Zoning Board of Appeals at least 120 days prior to the date on which such business must terminate.
(2) 
The Board shall find in connection with such business that:
(a) 
The applicant has made, prior to the nonconformity, substantial financial expenditures related to the nonconformity; and
(b) 
The applicant has not recovered substantially all of the financial expenditures related to the nonconformity; and
(c) 
The period for which such business or related business sign may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconformity. For the purpose of this section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult business or sign, exclusive of the fair market value of the building in which such use or sign is located and exclusive of any improvements unrelated to the nonconforming adult business or nonconforming accessory business sign for the adult business.
[Added 2-9-2004 by L.L. No. 2-2004]
Oil change/lubrication facilities shall be allowed at car wash facilities in commercial zones with the following restrictions:
A. 
No more than two fully enclosed bays at each car wash.
B. 
Hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. each day.
C. 
Owners and/or operators shall be required to have contracts with licensed waste haulers to remove any waste or by-products from the facility.
D. 
Provision shall be made for the installation of oil traps in the facility.
[Added 6-13-2011 by L.L. No. 2-2011]
A. 
A country commercial use as designated by special permit issued by the Town Board subject to the following restrictions:
(1) 
Permitted in all zoning districts with the exception of the R-120 and R-40 Districts.
(2) 
Any such business establishment must have frontage on a fully improved state or county road.
(3) 
The minimum lot area required for a use permitted in this section shall be 17,500 square feet.
(4) 
If not specifically regulated in this section, the proposed use shall comply with all other applicable bulk requirements of the underlying zoning district in which the property is located, as contained in the Table of General Bulk Requirements.
(5) 
The principal structure shall not exceed 2,000 square feet of building area (inclusive of finished and unfinished interiors) and may include a single accessory apartment above the first-floor commercial use, provided that this single accessory use has a valid certificate of occupancy, does not exceed 900 square feet and is otherwise permitted use in the Zoning District where the parcel of land is located.
(6) 
The accessory apartment is required to have a minimum of two parking spaces and the retail establishment is required to have a minimum of four parking spaces per 1,000 square feet of gross floor area (GFA), with at least one handicapped parking space included among the required spaces. Specifically, the dimensions of the at-grade parking spaces shall be for each standard space (18 feet length, nine feet width and 24 feet aisle width) and for each handicapped space (18 feet length, nine feet width and eight feet access aisle width).
(7) 
All parking areas shall be suitably screened and buffered as determined by the Planning Board during site plan review.
(8) 
The use must be both environmentally appropriate and compatible with a low density, suburban or rural residential environment as determined in the sole discretion of the Town Board.
(9) 
The building shall be designed so that it appears residential in nature and is compatible with existing residential structures in the area.
(10) 
All buildings are required to have a pitched roof and flat roofs are not permitted.
(11) 
All uses permitted under this section shall be referred to the Architectural Review Board.
B. 
In addition to the particular requirements for such use (as delineated at Subsection A above) as determined in its sole discretion the Planning Board as part of a site plan review may require sight easements, fences, safety devices, landscaping, screening, access roads and/or buffer areas to the adjacent neighboring area.