For the purposes of this chapter, the Town of
Highlands is hereby divided into 9 classes of districts as follows:
A. Residence districts.
[Amended 5-15-1989]
(1) R-1-R District: Riverside Residence.
(2) R-1 District: Mountain Residence.
(3) R-2 District: Single-Family Residence.
(4) R-3 District: Single-Family Residence.
(5) R-4 District: Single- and Two-Family Residence.
(6) R-5 District: Apartment Residence.
(7) R-6 District: Apartment-Motel Residence.
(8) R-MHC District: Mobile Home Court.
B. Business districts.
(1) B District: Business District.
Within any residence district, a building, structure
or lot shall only be used for one of the uses indicated in Schedule
I, 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 Schedule
II, Table of Dimensional Regulations. In addition, such use shall also comply with all other
applicable provisions of this chapter.
[Added 10-24-1988; amended 3-10-1998 by L.L. No. 1-1998]
The Planning Board, simultaneously with the approval of the subdivision plat in accordance with § 278 of the Town Law and and Chapter
173, Subdivision of Land, and the granting of site plan approval and special exception permit approval for a planned residential development in accordance with § 274-a of the Town Law and the provisions of this article is hereby authorized to modify the applicable bulk and area provisions of the Zoning Chapter relating to minimum lot area requirements; including lot widths, front, side and rear yards and setbacks and street frontage, but not to modify the requirements for building height. In no event, however, shall the modifications to the bulk and area provisions result in a higher density of dwelling units on the applicant's property than would otherwise be permitted under the provisions of this chapter.
A. In the event that the modifications provided above
result in a plat showing lands available for park, recreation or open
spaces, the Planning Board, as a condition of final approval, may
establish such conditions as to the ownership, use and maintenance
of such lands as it deems necessary to promote the preservation of
such lands for their intended purposes.
B. Any open space land created as part of an application
for average density as provided in this section which is not required
or permitted to be accepted for dedication to the Town shall be in
a form of common ownership subject to the approval of the Town Board
which shall meet at least one of the following conditions:
(1) The owner or owners of each dwelling unit shall be
an owner in common with the other owners of the land intended to be
held as open space.
(2) Each lot on which a dwelling unit is located carries
with it a covenant underwriting the payment of taxes on the open space
land, which covenant shall be binding on the owner of the lot and
every successive owner.
(3) A homeowners or cooperative association or corporation
may be formed to hold ownership of the open space, provided that each
lot owner shall remain liable for the taxes, operation and maintenance
of the open space land.
C. Every application made under this section shall be
accompanied by a map showing the proposed layout of lots and dwelling
units on the property as permitted by this chapter, but without regard
to the provisions of this section.
Within any business district, a building, structure
or lot shall only be used for one of the uses indicated in Schedule
III, 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 Schedule
IV, Table of Dimensional Regulations. In addition, such use shall also comply with all other
applicable provisions of this chapter.