Highland Falls City Zoning Code
ARTICLE II
Districts and Boundaries
§ 240-6 Classes of districts.
[Amended 6-16-1987 by L.L. No. 4-1987; 6-14-1994 by L.L. No. 1-1994; 2-16-2016 by L.L. No. 1-2016; 2-3-2020 by L.L. No. 1-2020; 2-3-2025 by L.L. No. 1-2025[1]]
For the purposes of this chapter, the Village of Highland Falls is hereby divided into 10 classes of districts as follows:
A.
Residence districts.
(1)
R-1 District, Mountain Residence.
(2)
R-2 District, Single-Family Residence.
(3)
R-3 District, Single-Family Residence.
(4)
R-4 District, Single- and Two-Family Residences.
(5)
R-5 District, Apartment and Multiple-Dwelling Residence.
(6)
R-5A District, Apartment, Multiple-Dwelling and Affordable Housing.
(7)
R-6 District, Apartment-Motel Residence.
(8)
R-MHC District, Mobile Home Court Residence.
[1]
Editor's Note: L.L. No. 1-2025 provided that "any application to develop property located in the B-3 zoning district that has received a Negative Declaration pursuant to the State Environmental Quality Review Act (“SEQRA”) and received a conditional approval granted by the Consolidated Planning Board prior to the effective date of this Local Law shall be exempt from its effect for a period of eighteen (18) months from said effective date. Thereafter, the Board of Trustees, in consultation with the Consolidated Planning Board, may grant one (1) additional eighteen-month exemption. No additional exemptions of any time period whatsoever shall be permitted."
§ 240-6.1 Zoning Map adopted.
[Added 2-3-2025 by L.L. No. 1-2025[1]]
The Village Board of Trustees hereby adopts the Orange County Planning Department Map dated August 27, 2010, as the Official Zoning Map of the Village of Highland Falls.
[1]
Editor's Note: L.L. No. 1-2025 provided that "any application to develop property located in the B-3 zoning district that has received a Negative Declaration pursuant to the State Environmental Quality Review Act (“SEQRA”) and received a conditional approval granted by the Consolidated Planning Board prior to the effective date of this Local Law shall be exempt from its effect for a period of eighteen (18) months from said effective date. Thereafter, the Board of Trustees, in consultation with the Consolidated Planning Board, may grant one (1) additional eighteen-month exemption. No additional exemptions of any time period whatsoever shall be permitted."
§ 240-7 Boundaries of districts on Zoning Map.
A.
The boundaries of each of the districts listed in § 240-6 are hereby established as shown upon the duly adopted Zoning Map which accompanies this chapter and which, with all notations, references and other matters shown thereon, is hereby declared a part of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is on file in the office of the Village Clerk.
B.
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines or lot lines or boundaries of subdivisions or municipal boundary lines, all shown on the Zoning Map. Where a district boundary line does not follow such a line but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
C.
Where the street layout actually on the ground varies from the street layout as shown on the Zoning Map, the designation shown on the mapped streets shall be applied in such a way as to carry out the Building Inspector's judgment as to the purpose and intent of the Zoning Map for the particular area in question.
D.
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Building Inspector by scaling the distance on the Zoning Map from a line of known location to such district boundary line.
E.
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Board of Appeals as provided in Article XI.
F.
When a district boundary line divides a lot in single ownership at the effective date of this chapter or any subsequent amendment thereto, the Board of Appeals may permit extension into one district of a lawful conforming use existing in the other district, as hereinafter provided in Article XI.
G.
When a lot in single ownership is divided by a district boundary line such that a portion of the lot is located in the B-2 District and the other portion of the lot is located in any residential district, the Planning Board shall consider the total area of the entire lot when determining compliance with minimum lot area and maximum lot coverage requirements of the B-2 District. The rear yard setback shall be measured from the district boundary line. All other applicable dimensional regulations shall apply. Application of this provision shall not affect that portion of the lot located in the residential district for the purpose of future subdivision and/or variance applications.
[Added 1-3-2011 by L.L. No. 1-2011[2]]
[2]
Editor’s Note: This local law also provided for the redesignation of former Subsection G as Subsection H.
H.
All lands within the municipality that are underwater shall be considered to be zoned in accordance with those district regulations applied to the upland adjacent to them and as if any district boundary line shown on the Zoning Map as intersecting the water's edge was projected across such water body to its interception of the municipal boundary line or other district boundaries.