Ho Ho Kus City Zoning Code
ARTICLE VI
Exceptions; Modifications
§ 85-33 Area requirements.
A.
Contiguous lots. Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a major subdivision, or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional narrowness, shallowness, topographical conditions, substandard area or yard space, not conform to the minimum lot area and dimensional requirements of the zone in which it is located, the contiguous lots of said owner, for the purpose of this chapter, shall be considered as a single lot.
B.
Terraces (patios). A paved terrace shall not be considered in the determination of yard sizes or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or the form of enclosure. Such terrace, however, may have an open guard railing not to exceed three feet in height and shall not project into any yard to a point closer than four feet from any lot line. All such terraces shall be considered in the calculation and determination of improved lot coverage.
[Amended 7-16-2013 by Ord. No. 1024]
C.
Porches/decks. Any porches/decks connected to the main dwelling shall be considered a part of the building in the determination of the size of yard or lot coverage.
D.
Projecting architectural features. The space in any required yard shall be open and unobstructed, except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
E.
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of such projects on any wall does not exceed 1/3 the length of said wall.
F.
Fire escapes. Open fire escapes may extend into any required yard not more than 4 1/2 feet.
G.
Canopies or marquees. No movable or retractable canopy, marquee or awning, whether fixed or movable, shall overhang any sidewalk more than six feet from the face of a building and shall not be less than seven feet from the ground, except for a temporary canopy to be erected at churches. Permanent-type stationary awnings, canopies or marquees are forbidden. In addition, any type of awning, canopy or marquee that utilizes supports which impede pedestrian traffic on a sidewalk is forbidden.
§ 85-34 Height limitations; exceptions.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy; nor to chimneys, ventilators or skylights. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. Radio or television antennas or towers shall not exceed 50 feet in height above the ground level at the location of the structure involved, but in no case shall be located closer to any adjacent property line than the distance equal to the height of said structure measured from the ground level.
§ 85-35 Yard requirements.
[Amended 7-23-2002 by Ord. No. 855; 3-26-2024 by Ord. No. 2024-95]
Exterior residential accessory mechanical equipment, including air-conditioning condensers, heat pumps, and generators, necessary to the operation of the residential needs of the principal structure may be installed in side or rear yards in single- and two-family residential districts, provided that it is mounted on an approved secure pad and does not block the electric disconnect and does not infringe on required setbacks more than five feet at any point. Exterior residential accessory mechanical equipment shall not be permitted in a front yard except on a corner lot wherein such equipment shall be placed on the side of the residence not containing the residence front entrance door and shall not infringe on the required front setback more than five feet. This front yard exemption does not include fuel tanks. Any mechanical equipment located in the front yard area of a corner lot as permitted herein, must be screened with evergreen or deciduous shrub planting at a sufficient height and density of planting to block at least the height of the accessory equipment at the time of planting and such landscaping shall be placed no greater than five feet from such equipment. Such residential mechanical equipment installed inside dwellings shall require the filing of plans showing adequate structural support, venting and other requirements as may be determined by the Construction Code Official. Scheduling for regular generator testing shall be limited to Monday through Friday from 12:00 p.m., noon, until 4:00 p.m. All applicable permits shall be required for all residential mechanical equipment installations, except window air conditioners. A property survey is required to review zoning setbacks for pad placement.