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.
[Amended 6-16-1987 by L.L. No. 4-1987; 2-16-2016 by L.L. No. 1-2016]
(6)
R-5A District, Apartment, Multiple-Dwelling and Affordable
Housing.
[Added 6-14-1994 by L.L. No. 1-1994; 2-16-2016 by L.L. No. 1-2016]
(7)
R-6 District, Apartment-Motel Residence.
(8)
R-MHC District, Mobile Home Court Residence.
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.
