Village of Highland Falls, NY
Orange County
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Table of Contents
Table of Contents
A. 
In all districts.
(1) 
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than 10 feet from the main building.
(2) 
A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3) 
Accessory buildings, including private garages, shall not be placed within a required front yard nor within a required side yard.
(4) 
An access driveway may be located within a required yard.
(5) 
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.
(6) 
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
(7) 
The following shall apply to all forms of animal husbandry except the keeping of animals as household pets:
(a) 
All shelters provided for livestock, fowl or fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(b) 
The disposal of animal wastes shall be provided for in such manner as to prevent any nuisance or sanitary problems.
B. 
In residence districts, accessory off-street parking areas shall be paved in accordance with municipal specifications.
C. 
In nonresidential districts, accessory off-street parking areas may be located within required front, side or rear yards.
D. 
In all residential districts and in B-2 (Highway Commercial) Districts:
[Added 11-1-1983 by L.L. No. 2-1983]
(1) 
Private swimming pools.
(a) 
The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality chain link wire fence or equally sturdy fence of not less than four feet in height; provided, however, that no fence shall be required for an aboveground pool.
(b) 
Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.
(c) 
Such pool shall be not less than 10 feet from side and rear lot lines.
In all districts except a B-1 District, the lot frontage at the street line shall be not less than 40 feet.
A. 
Nothing herein contained shall restrict the height of the following: church spire, cupola, dome, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft, radio or television tower, transmission line or tower, or similar structure.
B. 
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1) 
Have a lot coverage in excess of 10% of the lot area.
(2) 
Be used for residence or tenancy purposes.
(3) 
Have any sign, nameplate, display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.
A. 
The following accessory structures may be located in any required front or rear yard:
(1) 
Awning or movable canopy not exceeding 10 feet in height.
(2) 
Open arbor or trellis.
(3) 
Retaining wall, fence or masonry wall, pursuant to § 240-38.
(4) 
Unroofed steps; patio or terrace not higher than one foot above ground level.
B. 
The space in a required front yard shall be open and unobstructed, except for structures provided for in Subdivision A and the following:
(1) 
An unroofed balcony, projecting not more than eight feet into the yard.
(2) 
Other projections specifically authorized in Subsections C and D.
C. 
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D. 
Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E. 
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F. 
The required front yard for a proposed building in any residence district, where 25% of the street frontage within 200 feet, either on the same side of the street or on the opposite side of the street on which the proposed building fronts, is already improved with buildings that have a front yard in excess of the minimum requirement for the district in which the proposed building is situated, shall be increased to equal the average of the existing front yards of the two nearest buildings within 200 feet of the proposed building; provided, however, that such average front yard requirement shall not exceed by more than 10 feet, the minimum required front yard prescribed for the district in which the proposed building is situated.
A. 
In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
(1) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Fifteen feet.
B. 
In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions.
(1) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Two-thirds of the horizontal depth of such court.
(3) 
Fifteen feet.
C. 
In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.
A. 
In the layout of a development of garden apartments or other multiple dwellings on a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.
B. 
The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.
C. 
Minor accessory buildings shall meet the requirements of § 240-18.
On a corner lot in any residence district, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 50 feet from the intersection of such street lines.
[Amended 6-16-1987 by L.L. No. 4-1987]
A. 
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighborhoods; to conserve established property values; and to contribute to the general welfare.
B. 
Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use, which is erected or converted to accommodate·additional families, shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches in conformity with the following schedule and with the other provisions of this section. The minimums stipulated herein shall be deemed to be exclusive of unenclosed porches, breezeways, garage area and basement and cellar rooms or areas.
[Amended 12-3-2018 by L.L. No. 5-2018]
Type of Residence
Minimum Required Floor Area per Family
(square feet)
Minimum First Floor Area
(square feet)
Single- and two-family detached dwelling units constructed after January 1, 2019
1,200
750
Single-family detached dwellings constructed prior to January 1, 2019, converted to two-family detached dwellings [See Note below]
850
N/A
Townhouse development
1,200
600
Apartment
900
N/A
Mobile homes located in licensed mobile home courts
500
N/A
NOTE: The 850-square-foot minimum per dwelling unit requirement shall apply only to single-family dwellings existing as of January 1, 2019, and eligible for conversion to two-family dwellings and shall not apply to single- or two­family dwelling units constructed after January 1, 2019. An existing single-family dwelling constructed prior to January 1, 2019, that is eligible for and seeks conversion to a two-family dwelling shall not be enlarged in total square footage in order to meet the 850 square-foot minimum per dwelling in the absence of a variance issued by the Zoning Board of Appeals.
C. 
In affordable housing developments, minimum residential floor area requirements may be reduced by the Planning Board during subdivision or site plan review and approval.
[Added 6-14-1994 by L.L. No. 1-1994]
A. 
The following schedule of permitted fences and walls shall apply according to the district in which the lot is located on the Zoning Map, whether such lot be used for a permitted use or for a special exception use, except where the Planning Board or the Board of Appeals may require special treatment.
Maximum Fence or Wall Height1
District
Front
Lot Line
(feet)
Side Lot
Line Out-
side of
Rear Yard
(feet)
Rear Yard
Lot Line
(feet)
Not in
Any Mini-
mum
Required
Yard
(feet)
R-1
None permitted
4
6
6
R-2
None permitted
4
6
6
R-3
None permitted
4
6
6
R-4
None permitted
4
6
6
R-5
None permitted
4
6
6
R-5A
[Added 6-14-1994 by L.L. No. 1-1994]
3
6
6
6
R-6
3
6
6
6
R-MHC
4
8
8
8
B-1
4
8
8
8
B-2
4
8
8
8
NOTES:
1Except where corner clearances are required in accordance with § 240-36.
B. 
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence; excepting that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A.
In order to assure orderly and compatible relationship between residence districts and nonresidential districts along their common boundary lines, the following requirements shall be met along such boundaries:
A. 
Minimum required transitional yards within nonresidential districts across zone district boundaries from residential districts shall be at least 20 feet in B-1 Districts and 30 feet in B-2 Districts.
B. 
Minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence, or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the Board of Appeals, subject to the applicable provisions of Article XI, may waive or modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage or by a special exception residential use or a municipal use within the B-1 District.
C. 
Minimum required screening within a required transitional front yard shall be solid evergreen planting strip, or equal, maintained at a height of at least three feet; provided, however, that the Board of Appeals, subject to the applicable provisions of Article XI, may waive or modify these requirements for screening where the same effect is accomplished by natural terrain or foliage or by a special exception residential use or a municipal use within the B-1 District or, where the existing development along the street line for more than 50% of the subject block frontage does not meet these standards, the Board of Appeals may establish a lesser standard consistent with the purpose of this section.