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.
A.
Zoning Map. The boundaries of each of the districts listed in § 210-5 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: The Zoning Map is on file in
the office of the Town Clerk.
B.
Interpretation, generally. 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, lot lines or boundaries of subdivisions
or Town boundary lines, all as 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.
Inaccurate street layouts. 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 Code Enforcement Officer's judgment
as to the purpose and intent of the Zoning Map for the particular
area in question.
D.
Scaling. When the location of the district boundary
line cannot be otherwise determined, the determination thereof shall
be made by the Code Enforcement Officer by scaling the distance on
the Zoning Map from a line of known location to such district boundary
line.
E.
Interpretation by Board of Appeals. 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 VII.
F.
Division of lot. When a district boundary line divides a lot in a 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 VII.
G.
Underwater lands. All lands within the Town 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 Town boundary line or other district boundaries.
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,[1] for the specific district in which it is located on the
Zoning Map,[2] 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.[3] In addition, such use shall also comply with all other
applicable provisions of this chapter.
[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]
Editor's Note: The Table of Dimensional Regulations is included at the end 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,[1] for the specific district in which it is located on the
Zoning Map,[2] 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.[3] In addition, such use shall also comply with all other
applicable provisions of this chapter.
[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]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
A.
Delegation of authority. The Planning Board is hereby
authorized, pursuant to § 274-a of the Town Law, to review
and act upon proposed special exception uses and site plans. This
delegation of authority applies to review of those uses entitled "special
exception uses" specifically provided for in this section. The Planning
Board may approve the establishment of such uses upon their determining
compliance with the conditions and standards in this section. The
Planning Board is authorized to take action on applications for special
exception and site plans which may include approval, approval with
modifications or disapproval in accordance with the conditions and
standards of this section. The issuance of a building permit for special
exception uses may be conditioned upon the prior approval by the Planning
Board of the applicant having complied with the standards and conditions
set forth in this section.
B.
Application for permit; concept approval. All applications
for a special exception use permit shall be made in accordance with
the provisions of this section.
(1)
Concept approval. Prior to making an application for
a special exception use permit, the owners of the land included within
the application, or their agent designated in writing, may apply to
the Planning Board for concept approval of such special exception
use. Such application shall contain sufficient information to enable
the Planning Board to evaluate the proposed special exception use
in accordance with the following standards:
(a)
Such uses will be in harmony with and promote the general purposes and intent of this chapter as stated in § 210-2.
(b)
The plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and
expansion thereof.
(c)
The proposed use will not prevent the orderly
and reasonable use of adjacent properties in adjacent use districts.
(d)
The site is particularly suitable for the location
of such use in the community.
(e)
The characteristics of the proposed use are
not such that its proposed location would be unsuitably near to a
church, school, theater, recreational area or other place of public
assembly.
(f)
The proposed use, particularly in the case of
a nonnuisance industry, conforms with the generally accepted definition
of such use.
(g)
Access facilities are adequate for the estimated
traffic from public streets and sidewalks, so as to assure the public
safety and to avoid traffic congestion.
(2)
Such application for concept approval shall contain
the following:
(a)
A description of the area surrounding the special
exception use demonstrating the relationship of the proposed site
to uses on adjoining lands.
(b)
An explanation of the character of the special
exception use, the proposed uses and tracts of land proposed to be
developed thereby with, in the case of residential development, the
approximate proposed maximum densities.
(c)
A statement indicating in what manner the proposal
is compatible with the goals of the Master Plan.
(d)
A cost benefit analysis or other similar study
to review the estimated municipal costs, services and ratables which
might be anticipated as a result of the development.
(e)
A general statement as to how the open space
is to be owned and maintained.
(f)
A proposed time schedule for development and,
if it is to be staged, a general indication of how the staging will
proceed.
(g)
The names and addresses of the owners of all
lands included within the special exception use permit application.
(h)
Information relating to the applicant's ability
and competence to carry out the plan of the special exception use
permit.
(i)
Signature by the owners of all lands included
with the proposed special exception use or by their agent duly authorized
thereunto, in writing, and shall be accompanied by a fee in the amount
provided for such application in the Town Schedule of Fees.[1]
[1]
Editor's Note: Said Schedule of Fees is on
file in the Town offices.
(j)
Six accompanying copies of a map of the lands
for which a special permit is requested. Such map shall be prepared
by a civil engineer, surveyor, planner or architect and, where applicable,
shall bear his or her seal and license number. The map shall include
the following when appropriate to the special exception use permit
applied for:
(3)
All such applications shall be filed at a regular meeting of the Planning Board. Within 10 days of the receipt of the same, the Planning Board shall submit a copy of the same to the Orange County Planning Department for its review and report if the same be required by the General Municipal Law of the State of New York. Within 62 days of the receipt of the application, the Planning Board shall promptly advertise for and thereafter hold a public hearing on the application in accordance with the procedures for the conduct of such public hearings as provided in Article VII of this chapter. Within 30 days following such public hearing, the Planning Board shall render its decision on the application, which decision shall set forth, in writing, the findings of the Planning Board and, in the case of disapproval or modification, the reasons therefor.
[Amended 3-10-1998 by L.L. No. 1-1998]
C.
Procedure after concept approval. In the event that
such application has been granted concept approval or concept approval
with modifications, the owners of the land or their agent duly authorized
in writing shall within 60 days thereafter make application to the
Planning Board for a special exception use permit and, to the extent
applicable, site plan approval for the lands for which a special exception
use permit is sought.
(1)
The application for a special exception use permit
and site plan approval shall be reviewed by the Planning Board in
accordance with the following standards:
(2)
Such application for special exception use permit
and site plan approval shall contain the following:
(a)
Ten copies of a map prepared by a civil engineer
surveyor, planner or architect which, where applicable, shall bear
his or her seal and license number. The map shall include the following
elements which are appropriate to the application:
[1]
Legal data.
[a]
Section, block and lot number of
the property or properties as set forth on the tax records of the
Town of Highlands.
[b]
Metes and bounds description of
the boundaries of the proposed special exception use, the zoning classification
of the lands thereon, the proposed uses and tracts of land proposed
to be developed for various purposes permitted in such proposed special
exception use and the names of the owners of each parcel of land included
therein.
[c]
The name and address of the person,
firm or organization preparing the map.
[d]
The date of the map, the North
point and a written and graphic scale.
[e]
The locations, names and existing
widths of adjacent streets, with curblines, if any.
[f]
The owners of all adjoining lands
as shown on the latest tax records.
[3]
Existing structures and utilities.
[a]
Location of uses and outlines of
structures drawn to scale and within 100 feet of the boundary line
of the proposed special exception use.
[b]
Locations, dimensions, grades and
flow direction of existing sewers, culverts and water lines as well
as other underground and aboveground utilities within and adjacent
to the property.
[c]
Any other existing development
within the boundaries of the proposed special exception use, with
an indication of whether they are to remain, and, if so, how they
are to be used.
[4]
Proposed development.
[a]
The location of various uses and
their areas.
[b]
Delineation of the various residential
areas, indicating for each such area its general extent, size and
composition in terms of the total number of dwelling units, proposed
approximate percentage allocation by dwelling unit types (for example:
single-family detached, duplex, townhouses, condominiums, garden apartments
or high-rise apartments), together with the calculation of the residential
density.
[c]
The interior open space system.
[d]
The drainage system.
[e]
A circulation study of traffic
both within the special exception use and as it may affect the surrounding
ares, including estimates of total automotive trips generated, peak-hour
demand, present and anticipated traffic volumes, existing street or
road capacities and other elements which may influence and be influenced
by the proposed special exception use. The circulation study and accompanying
data may be in a separate document, and, if so, 10 copies thereof
shall be filed.
[f]
All proposed curb cuts have been
approved by the street or highway agency which has jurisdiction.
[g]
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article IV of this chapter, but, in any case, an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and, further, that the layout of the spaces and driveways is convenient and conducive to the same operation.
[h]
Adequate buffer yards and screening
are provided where necessary to protect adjacent properties and land
uses.
[i]
Adequate provisions will be made
for the collection and disposal of stormwater runoff from the site
and of sanitary sewage, refuse or other waste, whether liquid, solid,
gaseous or of other character.
[j]
The fees required pursuant to the
Town Fee Schedule.
(3)
All such applications shall be filed at a regular meeting of the Planning Board. Within 45 days of the receipt of the application, the Planning Board shall hold a public hearing on the application in accordance with the procedures for the conduct of a public hearing as provided in Article VII of this chapter and give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof. Within 45 days following such public hearing, the Planning Board shall render its decision on the application and file its decision immediately in the office of the Town Clerk, which decision shall set forth, in writing, the findings of the Planning Board and, in the case of disapproval or modifications, the reasons therefor.
(4)
Time limit. Approval of a special exception use permit
shall be valid for two years from the date the Planning Board decision
is filed in the office of the Town Clerk, after which time the approval
shall be null and void unless a building permit has been issued. If
there is not substantial change in the condition of the site, or its
environs or the zoning requirements, the special exception use permit
approval may be extended by the Planning Board for one additional
year upon submission of a written request of the applicant submitted
prior to the expiration of the two-year period. If no building permit
has been issued within that period or any extended period, a new application
must be submitted to the Planning Board for a special exception use
permit approval. This provision is intended to and does amend § 274-b
of the Town Law, as last amended by Chapter 458 of the Laws of 1997,
in its application to the Town of Highlands.
[Added 5-22-2006 by L.L. No. 4-2006]
D.
Special conditions and safeguards. No authorization for a building permit shall be granted by the Planning Board for any use listed in this subsection, unless the Planning Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection C, the proposed special exception use also meets the special conditions and safeguards required in this subsection.
(2)
Automobile laundry.
(a)
The lot area shall be not less than 20,000 square
feet and shall have a minimum frontage of 150 feet along a major street
or highway.
(b)
Adequate water facilities and discharge.
(c)
Storage area for vehicles waiting for service
shall be provided on-site and shall not occur on a public street or
highway. No motor vehicles shall be stored outdoors overnight.
(d)
Outdoor storage and display of accessories,
portable signs and outdoor repair work shall be prohibited at all
times. Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
(3)
Eating establishment, drive-in, open-front or curb
service.
(4)
Filling station.
(a)
The lot area shall be not less than 20,000 square
feet, and shall have a minimum frontage along the principal street
or highway of at least 150 feet.
(b)
All pumps and lubricating and other devices
shall be located at least 25 feet from any building, structure or
street line.
(c)
Entrance or exit driveways shall be located
not less than five feet from any side or rear property line. Such
driveways shall be so laid out as to avoid the necessity of any vehicle
backing across any right-of-way.
(d)
The area devoted to the outdoor storage of motor
vehicles or parts thereof, or to the purposes of dismantling, shall
be either screened from view of persons on adjacent streets by enclosing
such area within a solid fence eight feet high, or such area shall
be located inside a building. Not more than five motor vehicles shall
be stored outdoors overnight.
(e)
Outdoor storage of other than motor vehicles
shall be prohibited at all times. Premises shall not be used for the
sale of trailers, mobile homes or boats.
(5)
Hotel and motel. There shall be at least 1,000 square
feet of lot area per guest room.
(6)
Marina.
(a)
Street access shall be adequate for the projected
traffic.
(b)
Accessory service functions of the marina may
include the provision of fuel and supplies, repairs and recreational
boating and boat rentals.
(c)
In addition to any other applicable off-street
parking requirements, one off-street parking space shall be provided
for each boat berth or mooring.
(d)
Because marinas will be located on the bank
of the Hudson River, particular attention shall be given to the compatibility
of the appearance of the proposed facility with the natural scenery.
There shall be only one sign visible from the river, and that shall
be limited to an area and lighting intensity sufficient to provide
basic identification of the marina's location to passing boats. A
second sign not exceeding twelve square feet in area may be placed
at the land entrance to the marina site. Moving or animated signs
are prohibited.
(7)
Mobile home court, licensed. The lot area shall be
not less than five acres, and a proposed site development plan for
the entire site, prepared by a licensed professional engineer, shall
be submitted for approval. The initial development shall cover at
least two acres, and subsequent additions shall be not less than one
acre each. The site development plan shall reflect the following minimum
standards and features:
(a)
A street system with paved roadways having a
minimum width of 20 feet and with curbs or gutters giving access to
all mobile home spaces and at least two access drives to and from
the public street.
(b)
Established mobile home spaces of not less than
4,000 square feet, with a minimum width of not less than 40 feet and
a minimum length of 100 feet.
(e)
On-site stormwater drainage system, including
provisions for well-drained mobile home spaces, interior private streets
and other public areas, as well as consideration for natural watercourses.
(f)
Sewage disposal and water supply systems approved
by the New York State Department of Health.
(g)
A fire protection system in accordance with
standards of the National Fire Protection Association recommendations,
and as required and approved by local Fire District officials.
(h)
A complete electrical system in conformance
with municipal electrical code provisions, including outdoor lighting
along all interior streets, entrances and exists and in public open
spaces, with at least one sixty-watt bulb for each 50 feet of street
length and an equivalent level of lighting over public open spaces.
(i)
Garbage and trash collection points so located
that no mobile home is more than 150 feet from such a point, equipped
with an adequate number of metal garbage cans with tight-fitting covers
and appropriately screened from view.
(j)
Centrally located public telephone, separate
emergency sanitary facilities for men and for women and emergency
public water supply.
(k)
The location of other desired community facilities.
(l)
An equipped recreation facility with an area
equivalent to the proportion of one acre per 100 mobile home spaces
in the court, but having an area of not less than 1/2 acre in any
case.
(m)
A walkway system of paved or stabilized gravel
all-weather paths along interior streets and leading to public open
spaces.
(n)
All necessary structures in a mobile home court
shall comply with the New York State Uniform Fire Prevention and Building
Code, this chapter and such other codes, ordinances and regulations
as are applicable.
(8)
Multiple dwelling.
(a)
Particular attention shall be given to the adequacy
of access to the site and to the buildings and off-street parking
areas.
(b)
The siting of the building and related grading
of the site shall not be such as to create hazardous conditions with
respect to adjacent properties, or to cause increased stormwater runoff
across such properties without a mutually agreed drainage system that
is also satisfactory to the municipality.
(c)
In the R-5 and R-6 Districts, on sites of one
acre or more in area, new multiple-dwelling buildings may be permitted
to have a maximum height of 45 feet, provided that it shall be determined
that the resulting building:
[Amended 9-24-2007 by L.L. No. 4-2007]
[1]
Can be served adequately by the water distribution
system and protected by the available fire-fighting equipment.
[2]
Has reasonable street access for the indicated
number of dwelling units.
[3]
Is set back from all property lines at least
1/3 of the height of the building wall facing each property line.
(9)
Nursery school.
(a)
The lot area shall be not less than one acre.
(b)
There shall be not more than one pupil for every
1,500 square feet of lot area.
(c)
All buildings, structures and areas of organized
activity such as play areas, swimming pools, etc., shall be not less
than 75 feet from any property line.
(d)
Off-street parking areas shall be not less than
50 feet from any property line.
(e)
Only one permanent family dwelling unit shall
be located on the premises, and said dwelling unit shall comply with
the provisions of this chapter for the district in which the lot is
located.
(f)
Outdoor floodlighting or public address systems
are prohibited.
(g)
Only one sign, not larger than 12 square feet
in area, shall be permitted.
(h)
Landscaping and fencing shall be provided as
required by the Planning Board.
(10)
Home for the aged; senior citizen housing.
(a)
The lot area shall be not less than one acre
and shall have a minimum frontage of 150 feet along the principal
bounding street.
(b)
A certificate of occupancy shall be required
for each dwelling unit, and said certificate shall permit occupancy
only in accordance with the applicable requirements as stated herein
and with the applicable requirements of the Housing Code.
(c)
A certificate of compliance shall be required
for each dwelling unit occupied. It shall be the duty of the owner,
or his or her agent, to file a certificate of compliance with the
Code Enforcement Officer indicating compliance with this chapter as
to its requirements relating to the number of occupants and the age
of the occupants in each dwelling unit. This certificate shall be
filed for each dwelling unit within 30 days after initial occupancy.
A new certificate shall be filed within 30 days after any change of
occupancy.
(d)
No dwelling unit shall contain more than two
bedrooms, except that one dwelling unit for each superintendent may
be provided which shall consist of no more than three bedrooms. At
least 25% of the dwelling units shall be efficiency units, and no
more than 10% of the dwelling units shall be two-bedroom units.
(e)
No more than two persons shall be permitted
to occupy an efficiency or one-bedroom dwelling unit, and no more
than three persons shall be permitted to occupy a two-bedroom dwelling
unit.
(f)
Except for the superintendent(s) and his or
her family, the occupancy of a senior citizen housing development
shall be limited to single persons who are 60 years of age or over,
or to families the head of which shall be 60 years of age or over,
except that occupancy of a dwelling unit by a family the head of which
is less than 60 years of age shall be permitted if it is established
that the presence of such persons is essential for the physical care
of an eligible occupant or occupants.
(g)
Within the senior citizen housing development,
certain related ancillary facilities may be permitted, either in a
separate building or in combination with dwelling units, such as cafeterias,
self-service laundries, lounges, game rooms, workshops or medical
infirmaries, only to the extent that they meet the needs of the occupants
of the development. Such facilities shall be subordinate to the residential
character of the development and shall be located out of public view
with no outside advertising. Such facilities must be expressly approved
by the Town Board. Approval of a special exception use and site plan
for dwelling units in a senior citizen housing development in no way
constitutes approval for installation of any type of related facility.
(h)
The gross site density shall not exceed 20 units
per acre. At least 10% of the dwelling units shall be designed and
equipped for handicapped senior citizens.
(i)
The amount of land covered shall not exceed
65%, including buildings, walks, parking areas and driveways; parking
areas within a building shall not be counted in computing said coverage.
The amount of building coverage shall not exceed 20%.
(j)
The maximum building height shall be 35 feet
or two stories, whichever is less.
(k)
The minimum distance between detached buildings
shall be 50 feet.
(l)
The required plot width shall be 150 feet; the
required front yard depth shall be 50 feet; the required side yard
width shall be 30 feet; the total width of both required side yards
shall be 80 feet; and the required rear year depth shall be 50 feet.
(m)
Suitably equipped and adequately maintained
recreation and open space shall be provided. A minimum of 300 square
feet of usable open space shall be provided per dwelling unit. Group
sitting areas shall be provided per dwelling unit. Group sitting areas
shall be well defined by walls, fences, hedges or other plantings
designed to impart a sense of containment or security and to provide
group privacy.
(n)
There shall be provided a safe and convenient
system of drives, service access roads and walks with due consideration
given in planning such facilities to such items as handrails and ramps;
such facilities shall be adequately lighted, and said lighting shall
not be directed on adjacent streets or properties.
(o)
A vehicular passenger entrance protected by
a portico, roof or overhang or covered walk shall be provided at a
principal entrance to each building, if any. One or more permanent
benches or seats shall be provided for the comfort and convenience
of residents waiting for transportation.
(p)
All open spaces not used for buildings, parking
spaces and driveways shall be suitably landscaped.
(q)
Suitable indoor laundry washing and drying equipment
shall be provided to adequately serve the needs of all dwelling units.
(r)
Facilities for refuse disposal shall be provided
for all dwelling units. Central collection areas shall be maintained
and conveniently located for all groups of units. The collection areas
shall be properly screened and supplied with all covered receptacles
required for tenant use.
(s)
Open parking areas, including accessways and
driveways from streets, shall be paved with a hardtop surface upon
a suitable subgrade and of highway materials which have proven satisfactory
within the Town. The base shall be properly drained and suitably constructed
to support the contemplated traffic load.
(t)
All parking areas, driveways, recreation areas,
laundry-drying yards and refuse collection areas shall be no closer
than 10 feet to any building or lot line, and any swimming pool shall
be no closer than 30 feet to any building and 50 feet to any lot line,
and such areas between said facilities and lot lines shall be landscaped
with suitable screening.
(13)
Planned residential development. No authorization
for a building permit or permits shall be granted unless the Planning
Board shall specifically find that the proposed special exception
use for the planned residential development is in keeping with the
intent of this provision to provide for flexible planning of residential
development on difficult terrain while conserving the natural scenic
environment of the Hudson Highlands, and to implement the Master Plan
while meeting the following special conditions and safeguards:
(a)
An overall development plan shall be presented
showing the use or uses proposed, including dimensions indicating
the areas set aside for each use and the locations of all structures,
parking spaces and rights-of-way or driveways and the provisions for
sewer and water service facilities.
(b)
Residential dwelling units may be in single-family,
two-family or multiple-dwelling structures, provided that the total
number of dwelling units shall not exceed 2.4 per gross acre in the
R-2 District, 5.7 per gross acre in the R-3 District, eight per gross
acre in the R-4 District, 10 per gross acre in the R-5 and R-6 Districts.
If multiple dwellings are proposed pursuant to this subsection, the
minimum space between buildings shall be not less than 40 feet in
an R-2 District and not less than 20 feet in any other district in
which the multiple dwelling is permitted under this section.
[Amended 10-24-1988]
[1]
In the R-1-R District, residential dwelling
units may be in single-family, two-family or multiple-dwelling structures.
The total number of dwelling units shall not exceed the number permitted
pursuant to Schedule II, Table of Dimensional Regulations,[3] except that the entire parcel of land may be included
in determining the maximum number of units permitted without regard
to slopes, wetlands or areas of special flood hazards. Provided, however,
that:
[Added 12-27-1989 by L.L. No. 1-1989[4]]
[a]
No dwelling unit shall be constructed
in a wetland or an area of special flood hazard.
[b]
The applicant shall contribute
to the Town the sum as set by resolution of the Town Board from time
to time, which sum shall constitute a trust fund to be used by the
Town exclusively for neighborhood park, playground or recreational
purposes, including the acquisition of property.
[Amended 3-10-1998 by L.L. No. 1-1998]
[3]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[4]
Editor's Note: Section 4 of this local law
provided that the provisions of Section 274-a of the Town Law of the
State of New York, Subdivisions 1a and b, in accordance with the Municipal
Home Rule Law of the State of New York, were specifically changed
and superseded.
(c)
Open space or common land resulting from the
planned residential development design shall only be used for private
or municipal recreation, including natural park land. Such land shall
only be owned by a nonprofit corporation, or shall be offered for
dedication to the municipality or other public agency for the same
uses; but, in the case of a nonprofit corporation, a preestablished
offer of dedication shall be filed with the municipality for acceptance
if the nonprofit corporation were ever discontinued or failed to maintain
the private recreation use or natural park land.
(d)
In an R-4 District on sites of one acre or more
in area, new multiple-dwelling buildings may be permitted to have
a maximum height of 70 feet, provided that it shall be determined
that the resulting building:
[1]
Can be served adequately by the water distribution
system and protected by the available fire-fighting equipment.
[2]
Has reasonable street access for the indicated
number of dwelling units.
[3]
Is set back from all property lines at least
1/3 of the height of the building wall facing each property line.
(e)
The proposed planned residential development
shall comply with all other applicable requirements of the municipality
with respect to land development.
(14)
Private swimming pool.
(a)
Such pool shall comply with all the provisions
of legislation regarding swimming pools in the Town of Highlands.
[Amended 3-10-1998 by L.L. No. 1-1998]
(b)
Such pool shall be not less than 10 feet from
side and rear lot lines and, on a lot with a width of 50 feet or less,
the pool shall be located midway between the side lot lines.
(15)
Professional office building.
(a)
The lot shall have frontage on a major street
or highway.
(b)
Access to off-street parking areas shall be
so designed that traffic to the site will not be encouraged to travel
through the minor street system.
(c)
Off-street parking areas shall be set back five
feet from all property lines shared with adjacent lots in any residence
district; further, a five-foot stockade-type fence or equivalent approved
screening shall be located along such property lines.
(16)
Residential uses above nonresidential use in
the B District.
[Added 1-14-1986]
(a)
Adequate off-street parking accommodations must
be provided and reserved exclusively for the use of the residents.
(b)
Dwelling density may not exceed maximum density
permitted in an R-5 District.
(c)
The building must be connected to the municipal
sewer system.
(d)
Adequate on-site lighting must be provided.
(e)
Adequate and separate facilities must be provided
for the collection and pickup of garbage and trash.
(f)
Separate entries from the outside for each residential
unit must be provided without the use in common of entries, lobbies
or foyers from which nonresidential users may gain access to their
premises.
(g)
Access to and from the site must be designed
to encourage travel on major streets or highways and discourage travel
on minor streets or private roads.
(h)
Heating systems in the building must be so designed
so as to permit the residents within the building to obtain adequate
heat without reliance upon the heating system of the nonresidential
users.
(17)
Telecommunication towers, antennas and accessory
facilities, as defined in this chapter of the Town Code, as amended,[5] subject to the terms and conditions of this amendment,[6] including but not limited to the definitions provided.
[Added 10-1-1998 by L.L. No. 3-1998]
(a)
No tower or antenna shall hereafter be used,
erected, moved, reconstructed, changed or altered for personal wireless
services, except after a special exception permit and site plan approval
have been granted. No existing structure shall be modified to serve
as a tower or antenna for personal wireless services unless in conformity
with these regulations.[7]
(b)
These regulations shall apply to all property
within the following zones: all zoning districts contained in the
Town of Highlands.
(18)
Bed-and-breakfasts in the residential and business
zones of the Town of Highlands.
[Added 2-8-2000 by L.L. No. 1-2000;
amended 9-30-2013 by L.L. No. 2-2013]
(a)
The owner must reside in the residence in which
the bed-and-breakfast is located, or in a separate residence on the
same property on which the building housing the bed-and-breakfast
is located.
(b)
The owner must provide one off-street parking
space for each bedroom in the residence devoted to bed-and-breakfast
use plus two additional off-street parking spaces.
(c)
A vehicular turnaround for use by the guests
must be provided.
(d)
No more than 10 bedrooms may be used for a bed-and-breakfast
on the property.
(e)
One bathroom containing a sink, tub or shower
and toilet shall be provided for each three bedrooms used for the
bed-and-breakfast.
(f)
The buildings on the property shall connect
to the Town sanitary sewage system, if available. If the system is
unavailable, a wastewater system must be provided that is adequate
for the proposed use and meets all required codes.
(g)
The exterior of the building in which bed-and-breakfast
facilities are provided shall be compatible with the exterior of existing
neighborhood residences.
(i)
To promote safety, the Planning Board, in its
discretion, may require such outdoor lighting on the property used
for a bed-and-breakfast as will assist guests in locating the bed-and-breakfast
and the pathway and entrance to the premises.
(j)
Breakfast only may be provided to the bed-and-breakfast
guests and no other meals.
(19)
Fitness center.
[Added 4-14-2014 by L.L.
No. 1-2014]
(a)
The Planning Board may establish such conditions and limitations
as it deems necessary regarding any outdoor fitness or recreation
activities, including the complete prohibition thereof if appropriate,
to ensure adjacent properties shall be adequately protected from noises,
odors, unsightly appearances and nuisance.
(b)
Minimum off-street parking requirements shall be one space per
150 square feet of floor area for indoor uses. The Planning Board
may consider outdoor uses in configuring adequate parking for the
intended uses.
(c)
Accessory uses may be included so long as they are provided
in support of the primary use and are not operated separately nor
provide separate access.
(d)
Hours of operation shall be specified as part of the application.
If twenty-four-hour access, or substantially similar, is proposed,
adequate arrangements shall be made to assure the safety and security
of users, and these shall be a condition of an approval.
(e)
Outdoor recreational or fitness activities may be allowed with
the approval of the Planning Board, subject to the following additional
requirements:
[1]
In order for outdoor uses to be approved, the Planning Board
shall make a determination that lighting, noise, windblown litter
and other potential impacts that may be associated with the use are
avoided or acceptably mitigated by means of setbacks, berms, walls,
vegetated buffers, limited hours of operation, or other means, on
a case-by-case basis. Particular attention shall be paid to potential
impacts on residential properties.
[2]
Parking requirements that shall apply to outdoor recreational
or fitness activity components of the use shall be determined on a
case-by-case basis according to the current Institute of Traffic Engineers
Parking Manual or on other reasonable data determined to be acceptable
to the Planning Board.
