Stony Point City Zoning Code
ARTICLE VI
Supplementary Yard and Setback Requirements
§ 215-22 General requirements.
[Amended 6-8-1999 by L.L. No. 7-1999]
No principal structure shall be located any closer to any street or property line than the required minimum setback in the Bulk Table or the established setback, if such exists. Accessory structures and uses are permitted within the required setback other than the front setback but not within any required yard, except as specifically authorized herein.
§ 215-23 Front yard exceptions.
B.
The Planning Board may permit a garage accessory to a residence to be located within the front yard or setback 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 or upon land within the triangular area as shown in Sketch A.[1]
[1]
Editor's Note: Sketch A is included as an attachment to this chapter.
D.
The Planning Board may permit, as an accessory to a local convenience commercial use, outdoor sales and storage of retail goods within a required front yard, subject to fencing, security, sight distance, landscaping or other factors as the Planning Board deems appropriate. In the context of addressing such concerns, the Planning Board may waive other dimensional requirements of this Code upon good cause shown.
[Added 6-24-2014 by L.L. No. 2-2014]
§ 215-24 Side and rear yard and setback exceptions.
A.
An unroofed surface or patio which is not more than one foot above ground level or an arbor, open trellis or flagpole is permitted in a required setback.
[Amended 5-8-1990]
B.
An awning or movable canopy may project not more than 10 feet into a required setback; cornices or eaves may project not more than 18 inches into a required setback.
C.
A fence or wall no more than four feet in height is permitted along any lot line and no more than six feet in height along that part of any lot line behind the required front yard. A fence or wall over the six-foot height is permitted, provided that it is set back from the lot line a distance equal to 2/3 its height.
[Amended 5-8-1990]
D.
Accessory buildings constructed on adjacent lots with the written consent of all abutting owners may be located along the common side lot line or rear lot line, provided that the accessory building has a floor area of less than 100 square feet and an exterior height of no more than eight feet.
E.
The Planning Board may modify all side and rear yard and/or setback requirements for nonresidential uses in the RRBR, LI, LI-2 and O Districts except where abutting a residential district. All such uses shall conform to the buffer requirements of this chapter.
[Amended 12-23-1985; 10-11-2022 by L.L. No. 4-2022]
§ 215-25 Measurement of front yards and setbacks.
All required front yard and front setback 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 and setback measurement, shall be parallel to and 25 feet distant from the center line of any access easement or right-of-way.
§ 215-26 Corner lots.
[Amended 5-8-1990]
A front yard and front setback shall be required on a corner lot from each street line. There shall be designated on the site plan which of the remaining yards or setbacks shall be the side and rear yard or setback, respectively. In the event that only one side of such lot meets required street frontage, that side shall be considered the front yard for the purpose of determining the rear yard setback.
§ 215-27 Riverfront setback.
[Added 6-14-1994 by L.L. No. 3-1994; 10-11-2022 by L.L. No. 4-2022]
No building or structure shall be erected within 50 feet of the mean high-water line of the Hudson River. Said fifty-foot riverfront setback shall be derived by measuring the shortest perpendicular distance from any building to the mean high-water line. Where any structure permitted under the zoning cannot be located on a shallow, irregularly shaped or substandard-sized lot held in single or separate ownership, due to the riverfront setback restrictions, the Town Board may approve, by special permit pursuant to Article XVII of this chapter, a reduction in the riverfront setback, provided that no such structure may be situated closer than 20 feet to the mean high-water line. The minimum setback shall not apply to an accessory use such as boat ramp, stationary crane, bulkhead, travel lift, or similar structure, which must be located adjacent to the mean high-water line. The layout and design of any structure within 50 feet of the mean high-water line or adjacent to the mean high-water line must also be approved by the Planning Board pursuant to Article IX of this chapter.