North Salem City Zoning Code
ARTICLE VI
Supplementary Yard Requirements
§ 250-20 General requirements.
No principal structure shall be located any closer to any street or property line than the required minimum yard in § 250-15, Bulk Table. Accessory structures and uses are not permitted within any yard except as specifically authorized herein. Parking shall not be permitted in any required yard.
§ 250-21 Front yard exceptions.
B.
The Board of Appeals may permit a garage accessory to a residence to be located within the front yard where, due to topographic conditions, there would be practical difficulties in constructing a safe and convenient drive from the street; provided, however, that such garage shall not adversely affect the future use and development of adjacent properties.
C.
No shrubbery, hedge or other natural growth, fence or wall over three feet higher than the apex at the center line of the street, shall be located within the triangular area shown shaded in Sketch A below at the intersection of two streets, nor shall the limbs or foliage on any tree obstruct vision or be permitted to grow nearer to the ground than eight feet where such limbs or foliage overhang or are over land within the triangular area as shown in Sketch A.
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§ 250-22 Front, side and rear yard exceptions.
A.
An unroofed terrace or patio which is not more than one foot above ground level or an arbor, open trellis or flagpole is permitted in a required yard. An open fire escape, deck or unroofed porch or terrace, which is more than one foot above ground level, may project not more than six feet into a required rear yard.
B.
An awning or movable canopy may project not more than 10 feet into a required yard; cornices or eaves may project not more than 24 inches into a required yard.
C.
A fence or wall not more than four feet in height is permitted within the front yard and no more than five feet in height within any side or rear yard except as in Subsection E below or in a case where specific fencing requirements may be established by the Town Planning Board or Board of Appeals. A fence which is installed along a lot line or within any yard shall be of comparable quality and appearance on both sides.
[Amended 5-28-1991]
D.
The Planning Board, in conjunction with site development plan approval, may modify all side and rear yard requirements for nonresidential uses in the RO District except where abutting a residential district or use. All uses in the RO District shall conform to the buffer requirements of this chapter.
E.
An electric and/or high-tension fence with horizontal wires spaced more than six inches apart specifically designed to restrict the access of deer to a residential lot and no more than six feet in height shall be permitted within any yard.
[Added 5-28-1991]
F.
Underground water storage and underground propane storage tanks may be permitted in a required front, side or rear yard, subject to the following limitations:
[Added 7-23-2013 by L.L. No. 5-2013]
(1)
Any such storage tank shall be no closer than 10 feet to any property line.
(2)
Any such storage tank for propane shall have a capacity of 1,000 gallons or less and shall be subject to all requirements of the New York State Uniform Fire Protection and Building Code, as may be amended from time to time.
§ 250-23 Measurement of front yards.
All required front yard depths shall be measured from the designated street line, front lot line or existing street line, whichever is a greater distance from the center line of the public street abutting the lot in question. Where lots are subdivided on other than a public street, the designated street line for purposes of front yard measurement, shall be parallel to and 25 feet distant from the center line of any access easement or right-of-way.
§ 250-24 Corner lots.
A front yard shall be required on a corner lot from each street line. There shall be designated on the site plan which of the remaining yards shall be the side and rear yard or setback, respectively.