This chapter shall be known and may be cited
as the "Town of Highlands Zoning Ordinance of 1980."
This chapter is adopted for the purpose of promoting
the health, safety, morals or the general welfare of the community,
and in furtherance of the following related and more specific objectives:
A.
To guide and regulate the orderly growth, development
and redevelopment of the Town in accordance with a comprehensive plan
and with long-term objectives, principles and standards deemed beneficial
to the interests and welfare of the people.
B.
To protect the established character and the social
and economic well-being of both private and public property.
C.
To promote, in the public interest, the utilization
of land for the purposes for which it is most appropriate.
D.
To secure safety from fire, panic and other dangers,
and to provide adequate light, air and convenience of access.
E.
To prevent overcrowding of land or buildings and to
avoid undue concentration of population.
F.
To lessen and, where possible, to prevent traffic
congestion on public streets and highways.
G.
To eliminate nonconforming uses gradually.
H.
To conserve the value of buildings and to enhance
the value of land throughout the Town.
I.
To conserve and reasonably protect the natural scenic
beauty of the Town and its environs.
A.
Scope and meaning of certain words and terms.
(1)
As used in this chapter, unless the context clearly
indicates the contrary, words used in the present tense include the
future, the singular number includes the plural and the plural includes
the singular.
(2)
The word "shall" is mandatory, and not directory;
the word "may" is permissive.
(3)
The word "lot" includes the word "plot" and the word
"land."
(4)
The word "structure" includes the word "building."
(5)
The word "use" refers to any purpose for which a lot
or land, or part thereof, is arranged, intended or designed to be
used, occupied, maintained, made available or offered for use; and
to any purpose for which a building or structure, or part thereof,
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use, or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
(6)
The word "used" refers to the actual fact that a lot
or land, building or structure, or part thereof, is being occupied
or maintained for a particular use.
B.
ACCESSORY USE, BUILDING OR STRUCTURE
ALTERATION
AUTOMOBILE LAUNDRY
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BOARD OF APPEALS
BUILDING
CELLAR
CLUB, COUNTRY
CLUB, MEMBERSHIP, NONPROFIT
CODE ENFORCEMENT OFFICER
COURT
COURT, DEPTH OF
COURT, HEIGHT OF
COURT, INNER
COURT, OUTER
COURT, WIDTH OF
CUSTOM WORK, SHOP FOR
DWELLING
DWELLING, APARTMENT
DWELLING, MULTIPLE
DWELLING, TOWNHOUSE
DWELLING UNIT
FAMILY
FENCE
FILLING STATION
FITNESS CENTER
GARAGE, PARKING
GARAGE, PRIVATE
GARAGE, REPAIR
HEIGHT OF STRUCTURE OR BUILDING
HOME OCCUPATION
HOME PROFESSIONAL OFFICE
HOTEL
HOUSE TRAILER
JUNKYARD
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT, THROUGH
LOT WIDTH
MOBILE HOME
MOBILE HOME COURT
MOTEL
NATURAL GRADE
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONNUISANCE INDUSTRY
NURSERY SCHOOL
PARKING AREA
PARKING SPACE
PERMITTED USE
PLANNED RESIDENTIAL DEVELOPMENT
PROHIBITED USE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(a)
(b)
(4)
RESEARCH INSTITUTE OR LABORATORY
RESTAURANT
SIGN
SIGN, BUSINESS
SIGN, PROFESSIONAL OR ANNOUNCEMENT
SIGN, REAL ESTATE OR CONSTRUCTION
SIGN, TEMPORARY
SPECIAL EXCEPTION USE
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
TAVERN
VARIANCE
WALL
YARD, FRONT
YARD, REAR
YARD, SIDE
Definition of words and terms. As used in this chapter,
unless the context or subject matter otherwise requires, the following
terms shall have the meanings indicated:
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building" may include a private
garage, a garden shed, a private playhouse and a private greenhouse.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter," in its
various modes and tenses and its participial form, refers to the making
of an "alteration."
A structure or building designed for the washing, waxing,
Simonizing or similar treatment of automotive vehicles as its principal
function. A filling station having portable washing equipment shall
not be deemed to be an automobile laundry where such use is an accessory
service to the principal service of the filling station.
A story partly underground but having less than half of its
clear height below finished grade.
An owner-occupied residential building, other than a hotel
or motel or boardinghouse, where lodging and breakfast are provided.
[Added 2-8-2000 by L.L. No. 1-2000]
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed, or only incidentally
sold, offered or existing upon such lot.
The Board of Appeals of the Town of Highlands.
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet.
A story partly underground and having 1/2 or more of its
clear height below finished grade.
A club for golfing, tennis, hunting, fishing, horseback riding
or similar sports.
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
social, educational, religious or political purpose. The club shall
not be used in whole or in part for the conduct of any business or
enterprise for profit, but this shall not be construed as preventing
the utilization of a club for benefits or performances for a recognized
charity, for the meeting of other organizations or for educational
and cultural purposes.
The official Code Enforcement Officer of the Town of Highlands.
An open, unoccupied space, other than a yard, on the same
lot with a building. An offset to a court shall be deemed a separate
inner court for the purpose of determining its least dimension, its
area and the least dimension and area of the court to which it is
contiguous.
The maximum horizontal dimension at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
Any court which is not an outer court.
A court extending to a street, front yard or rear yard.
The horizontal dimension parallel to the principal open side,
in the case of an outer court, and the least horizontal dimension
in the case of an inner court.
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, and not including the manufacture
of ready-to-wear or standardized products.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
A building arranged or intended for three or more families
living independently of each other in separate dwelling units, any
two or more provided with a common entrance or hall, and all dwelling
units are intended to be maintained under single ownership or owned
under condominium.
[Added 4-12-2010 by L.L.
No. 2-2010]
A building or portion thereof containing more than two dwelling
units.
A building consisting of a series of three or more attached
or semi-detached dwelling units divided by common fire walls built
to meet or exceed minimum fire and building code specifications, each
with a ground floor and a separate ownership or condominium.
[Added 4-12-2010 by L.L.
No. 2-2010]
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage or adoption shall
not be considered to constitute one family.
A structure bounding an area of land designed either to limit
access to the area or to screen such area from view, or both.
A building or lot, or part thereof, supplying and selling
gasoline or other equivalent fuel for motor vehicles at retail direct
from pumps and storage tanks. A filling station may include accessory
facilities for rendering service for motor vehicles, such as lubrication,
washing and minor repairs.
A place of business offering facilities for recreation, exercise
and maintaining or improving physical fitness and flexibility. A fitness
center may provide access to weights and weight training, exercise
machines, cardiovascular training programs and equipment, and floor
space or meeting space for group or individual classes and training
programs in fitness activities such as yoga, pilates, aerobics, dance,
and other systems of exercise. A fitness center may also include indoor
or outdoor recreational uses or facilities, subject to additional
requirements. Recreational uses shall include, but not be limited
to, basketball courts, handball courts, squash courts, tennis courts
and other types of ball fields, batting cages, skate parks, swimming
pools, jogging tracks and other recreational uses.
[Added 4-14-2014 by L.L.
No. 1-2014]
A building, not a private garage, used for the storage of
automobiles or trucks, and not used for making repairs thereto.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
A building, other than a private or a parking garage, used
for adjustment, painting, replacement of parts or other repair of
motor vehicles, or parts thereof, whether or not accessory or incidental
to another use.
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure.
Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure as a residence.
Said activity shall not occupy more than 1/2 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling, if so
used; and, further, provided that there shall be no external evidence
other than an announcement sign. However, home occupations shall not
be construed to include such uses as the following: clinic or hospital,
restaurant, breeding kennel or antique dealer.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent or teacher as herein restricted, provided
that nor more than two persons are employed who are not members of
the family, and that such office shall be in the main building and
shall not occupy more than the equivalent of 1/2 of the area of one
floor of said building. For the purposes of this chapter, a "teacher"
shall be restricted to a person giving individual instruction in academic
or scientific subjects to a single pupil at a time. A home professional
office shall not include the office of any person professionally engaged
in the purchase or sale of economic goods. Dancing instruction, band
instrument or piano or voice instruction, tea rooms, tourist homes,
beauty parlors, barbershops, hairdressing and manicuring establishments,
convalescent homes, mortuary establishments and stores, trades or
businesses of any kind not herein excepted shall not be deemed to
be home professional offices. The home professional office of a physician
shall not include a biological or other medical testing laboratory.
A building, or part thereof, which has a common entrance,
common heating system and general dining room, and which contains
seven or more living and sleeping rooms designed to be occupied by
individuals or groups of individuals for compensation. A hotel shall
not provide dwelling units.
A movable single-family dwelling originally equipped with
or having a vehicular chassis but lacking one or more of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration (see "mobile home").
Any land or structure, or part thereof, exceeding 300 square
feet in area, used for the collecting, storage or sale of waste paper,
rags, scrap metal or other scrap or discarded material; or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition, or for the sale of the parts thereof.
A parcel of land occupied or used by one main building or
use with its accessory building and the required open spaces.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The percentage of the area of the lot covered by a building
or buildings.
Any lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
The street right-of-way line at the front of a lot. On a
corner lot, the owner may specify the front lot line on the plot plan.
The lot line opposite to the front lot line.
A lot extending from one street to another.
The dimension measured from side lot line to side lot line,
along a line parallel to the street line at the required minimum front
yard depth.
A movable single-family dwelling originally equipped with
or having a vehicular chassis and provided with all of the following
mechanical systems and equipment: plumbing, heating, electrical, cooking
and refrigeration (see "house trailer").
A residential land use designed for the location of one or
more mobile homes in designated mobile home spaces and included appurtenant
facilities and accessory services for residents only.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access and related office, and with or without restaurant
facilities, designed primarily for transient automobile travelers,
and provided with accessory off-street parking facilities. The term
"motel" includes buildings designed as tourist courts, motor lodges,
auto courts and other similar appellations, but shall not be construed
to include parking areas for house trailers or mobile homes.
For the purpose of this chapter, the natural grade of a land
area to be subdivided shall be determined by calculating the difference
in elevation between intersection points along the lines of a two-hundred-foot
square grid system applied to the required topographic mapping for
the subdivision, and expressing this difference as a percentage of
slope between such points; the natural grade of the individual grid
squares shall be that of the maximum slope determined as described
above along its bounding grid lines; the natural grade of a subdivision
will vary in accordance with the findings for each individual grid
square.
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the Table of Dimensional Regulations[1] of this chapter for the district in which it is situated,
irrespective of the use to which such structure is put.
Any use of a building, structure, lot or land, or part thereof,
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations[2] of this chapter for the district in which it is situated.
Any industry which is not detrimental to the environment
in which it is located by reasons of the emission of smoke, noise,
odor, dust, vibration or excessive light beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards,
and which does not include any outdoor processing of materials, or
open accessory storage yard unless completely enclosed by a solid
wall or fence not less than six feet in height.
A building or structure, together with its lot and its accessory
uses, buildings and structures, used as an organized instructional
facility for five or more enrolled children other than the children
of the resident family, but not provided with customary commercial
public recreation features such as ferris wheels or roller coasters,
and not furnishing sleeping quarters except for the resident family.
A lot, or part thereof, used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
A specific main use of a building, structure, lot or land,
or part thereof, which this chapter provides for in a particular district
as a matter of right. Any use which is not listed as a permitted,
special exception or accessory use shall be considered a prohibited
use.
A residential development of land based on an overall development
plan approved by the Planning Board in accordance with the special
exception use procedure in which the dimensional regulations of this
chapter and the type of housing may be varied as provided in this
chapter, and where certain lands are set apart as permanent open space
or common land.
A use of a building, structure, lot or land, or part thereof,
which is not listed as permitted, special exception or accessory use.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 32 feet when factory equipped for the road.
CAMPING TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto; with respect to the
application of this chapter, such research institute or laboratory
shall meet the standards of a nonnuisance industry.
An establishment where refreshments and meals may be procured
by the public for on-premises consumption and where the sale of alcoholic
beverages, if available, is subordinate.
Any kind of billboard, signboard, pennant or other shape
or device or display used as an advertisement, announcement or direction,
including any text, symbol, lights, marks, letters or figures painted
thereon or painted on or incorporated in the composition of an exterior
surface of a building or structure.
A temporary or permanent sign which directs attention to
a business or profession conducted upon the property.
A temporary or permanent sign which directs attention to
a resident's home, a home occupation, a home professional office or
a public or semipublic building.
A sign advertising land or improvements thereto, or describing
construction activity or a firm doing work related to construction
on the premises on which the sign is located.
A temporary sign which directs attention to a special activity
or entertainment, or one which indicates the location of a real estate
subdivision.
A use in one or more districts, for which the Planning Board may grant a permit, pursuant to the provisions of § 210-10.
Any federal, state, county or Town highway or road, or any
street shown upon a subdivision plat filed in the County Clerk's Office,
or any roadway, public or private, used for vehicular traffic by the
public.
The dividing line between a lot and a street right-of-way.
Anything constructed or erected on or under the ground or
upon another structure or building.
An artificial pool of water having a depth at any point of
more than 18 inches and a surface area of greater than 100 square
feet, designed or intended for the purpose of bathing or swimming
and including all appurtenant equipment.
An establishment where alcoholic beverages are sold to the
public to be consumed on the premises and where the sale of food,
if available, for on-premises consumption is subordinate.
A modification of the regulations of this chapter, granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Article VII.
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening or enclosure, or
for the retention of earth, stone, fill or other materials as in the
cases of retaining walls or bulkheads.
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the building and the rear lot line of
the lot and extending from side lot line to side lot line.
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot and extending
through from the front yard, or from the front lot line where no front
yard exists, to the rear yard, or to the rear lot line where no rear
yard exists.
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[2]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
A.
Uses prohibited unless specified. The provisions of
this chapter shall be deemed to be specific. Those uses and procedures
for which there are no specific provisions in this chapter shall be
deemed to be prohibited.
B.
Use regulations.
(1)
Except as hereinafter provided, no building or structure,
or part thereof, and no lot or land, or part thereof, shall hereafter
be used except for a purpose specifically permitted by the provisions
of the Table of Use Regulations[1] for the district in which such building or structure,
lot or land is located in the Zoning Map.[2]
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[2]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
(3)
A special exception use authorized by the Planning
Board shall be deemed a conforming use.
(4)
A use authorized by a variance from the use regulations
of this chapter, granted by the Board of Appeals, shall be deemed
a nonconforming use.
C.
Dimensional regulations.
(1)
Except as hereinafter provided, no building or structure,
or part thereof, shall hereafter be erected, structurally altered,
enlarged, rebuilt or moved except in conformity with the provisions
of the Table of Dimensional Regulations[4] for the district in which such building or structure is
located on the Zoning Map.[5]
[4]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[5]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
(3)
A building or structure, or part thereof, authorized
as a variance from the dimensional regulations of this chapter, granted
by the Board of Appeals, shall be deemed a nonconforming building
or structure or part thereof.
