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Highland Falls City Zoning Code

ARTICLE V

Business Districts

§ 240-23 Use requirements.

Within any business district, a building, structure or lot shall only be used for one of the uses indicated in § 240-24, Table of Use Regulations, for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of § 240-25, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter.

§ 240-24 Table of Use Regulations.

[Amended 6-30-1980 by L.L. No. 6-1980; 3-19-1996 by L.L. No. 1-1996; 11-5-2003 by L.L. No. 3-2003; 10-19-2009 by L.L. No. 8-2009; 2-3-2020 by L.L. No. 1-2020; 2-3-2025 by L.L. No. 1-2025[1]]
B-1 Village
B-2 Highway
Use Classifications
Business
Commercial
Residential uses:
Bed-and-breakfast inn
SE
X
Home professional office
SE
X
Mixed-use development
SE
X
Single-family detached dwelling
SE
X
Residential community facilities:
Church or similar place of worship, parish house, seminary, convent, dormitory
SE
SE
Nursery school
SE
SE
Park, playground or recreational area operated by the municipality
P
P
Public library, museum, community center
SE
SE
Fire station, municipal office or other governmental building of similar character
SE
SE
School, elementary or high, public, denominational or private, having a curriculum the same as ordinarily given in public schools
SE
SE
General community facilities:
Bus passenger shelter
P
P
Membership club, nonprofit
SE
SE
Philanthropic, fraternal, social or educational institution office or meeting room, nonprofit
SE
SE
Public utility structure or right-of-way, including sewage treatment plant or water supply facility, necessary to serve the Highlands-Highland Falls community
X
SE
Public passenger transportation station or terminal
SE
SE
Business uses:
Animal hospital, animal boarding
X
SE
Automobile laundry
X
SE
Bank
P
P
Bowling alley
X
P
Convenience store
P
P
Eating establishment: drive-in, open-front or curb service
SE
SE
Filling station
SE
SE
Funeral home
P
P
Greenhouse, horticulture
SE
SE
Hotel
SE
SE
Motel
X
SE
Motor vehicle, mobile home or boat salesroom or outdoor sales lot for products for sale and/or for hire
X
P
Office: business, professional or utility
P
P
Parking garage, storage garage
SE
SE
Personal service shop: barber-shop, beauty parlor, dry-cleaning or laundry service of less than 4,000 square feet, professional studio, travel agency or similar shop
P
P
Pool hall/arcade
SE
SE
Radio or television broadcasting studio
P
P
Repair garage
X
SE
Repair shop for household and/or personal appliances
P
P
Restaurant
P
P
Retail store or shop
P
X
Shop for custom work and for making articles to be sold at retail on premises
P
P
Tavern
P
P
Theater or motion-picture theater, other than an outdoor drive-in theater
SE
SE
Veterinarian
X
SE
Vocational school
P
P
Wholesale business
X
P
Industrial uses:
Limited nonnuisance industry using machines not exceeding 5 horsepower
P
P
Printing or publishing plant
SE
SE
Research institute or laboratory using machines not exceeding 5 horsepower
P
P
Accessory uses:
Caretaker's or owner's dwelling unit
X
P
Customary accessory use, building or structure, except retail services or prohibited uses
P
P
Private garage or off-street parking area pursuant to Article VIII
P
P
Private swimming pool
X
P
Signs pursuant to Article IX
P
P
NOTES:
P = Permitted use.
SE = Special exception use.
X = Prohibited use.
All unlisted uses are prohibited in all districts.
[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."

§ 240-25 Table of Dimensional Regulations.

[Amended 2-3-2020 by L.L. No. 1-2020; 7-18-2022 by L.L. No. 4-2022; 2-3-2025 by L.L. No. 1-2025[1]]
B-1 Village
B-2 Highway
Dimensional Regulations
Business
Commercial
Lot area minimum1 (square feet)
No requirement
10,000
Lot area minimum per dwelling unit (square feet)
7502
X
Lot coverage (percent of total lot area occupied by main and accessory buildings)
80%
50%
Lot width minimum (feet)
No requirement
75
Height maximum (feet)
48
48
Yard minimum (feet):
Front
No requirement
50
Side, any one
12, if provided
20
Side, total for both on interior lot
No requirement
40
Side abutting side street on corner lot
No requirement
50
Rear
15
30
Accessory buildings:
Coverage of required rear yard, maximum (percent)
None
None
Height in required rear yard, maximum (feet)
None
None
Setback from any lot line, minimum (feet)
See "yards"
See "yards"
Encroachment of off-street parking and required screening on required yards, permitted maximum (percent):
Front
No yard
100% requirement
Side
100%
100%
Rear
100%
100%
NOTES:
1
Where public sewerage is not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system, as determined by the municipality.
2
Existing apartments grandfathered for a period of 10 years. For a period of 10 years from the effective date of this chapter, buildings located in the B-1 District that have existing legal apartment dwelling units over first-floor nonresidential use shall be entitled at a minimum to the same number of legal apartment dwelling units even where the application of lot area minimum per dwelling unit would result in fewer dwelling units. “Legal” apartment dwelling units shall comply with the New York State Uniform Building Code and the minimum residential floor area as defined in the Village of Highland Falls Zoning Law (“VOHF”) as certified by the Building Inspector. Such certification may be issued only after the property owner submits a set of stamped plans certified by a licensed News York State architect or similar certified professional showing the number of then-existing apartments drawn to scale and certified compliant with the Uniform Building Code and VOHF zoning law and after an inspection of the building. Any application to renovate, redevelop or otherwise modify the building(s) or lot(s) shall include the Building Inspector’s certification of current use, number of apartment dwelling units and whether said apartments meet the definition of “legal” as expressed herein.
[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."