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Mahwah City Zoning Code

§ 24-3.4

Yard Regulations.

[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
a. 
General.
1. 
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures which may not project more than six (6") inches into such yards.
2. 
Cornices and eaves may project not more than two (2') feet over any required yard.
3. 
Chimneys or flues may be erected within any yard, provided that they do not exceed seventy-five (75) square feet in aggregate external area.
b. 
Front yard Requirements Affected by Official Map. Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Township, the front yard and the front or side yard of a corner lot in such district shall be measured from such proposed right-of-way line.
c. 
Side Yard Exceptions.
1. 
Corner Lot. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street, as provided in the schedule identified in § 24-4 herein.
d. 
Projection into Required Yards. Certain architectural features may project into required yards as follows:
1. 
Cornices, canopies, eaves, bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys, uncovered decks, patios, and other similar architectural features may project a distance not to exceed two (2') feet.
2. 
Patios may be located in any side or rear yard, provided that they are not closer than five (5') feet to any property line.
3. 
Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than six (6') feet in height from the finished grade and when located behind the front facade of the principal structure. Walls and fences located within the front yard are not to exceed four (4') feet in height from the finished grade and shall not obstruct automobile vision. For fences located on corner lots, walls and fences located in each front yard shall not exceed four (4') feet in height from the finished grade and shall not obstruct automobile vision.
The requirements of § 24-3.2 c and § 24-5.6 b shall also apply where applicable. If there is a conflict between § 24-3.4 d3 and § 24-5.6, the requirements of § 24-5.6 shall have priority.
Retaining walls located in a side or rear yard must be setback a minimum of two (2') feet from a side or rear lot line when the wall height is up to three (3') feet in exposed height from the finished grade. Retaining walls with an exposed height greater than three (3') feet from the finished grade must be setback a minimum of five (5') feet from a side or rear lot line.
The height of tiered retaining walls is measured from the bottom of lowest wall to the top of the highest wall, unless the upper wall is setback a minimum of twice the height of the lower wall. The setbacks between walls is measured from the rear of the lower wall to the face of the upper wall.
4. 
Residential driveways may project into any required yard, provided they are not closer to any side or rear property line than two (2') feet.