Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents
[Amended 12-12-2000 by L.L. No. 4-2000; 6-26-2007 by L.L. No. 5-2007; 9-23-2008 by L.L. No. 5-2008; 6-23-2015 by L.L. No. 2-2015]
The zoning districts listed below are hereby established and the Town of North Salem is divided into the districts listed:
Rural Density Residential District
Low Density Residential District
Medium Density Residential District
Medium Density Residential District
Medium-High Density Residential District
Residential-Multifamily/High-Density District
Residential-Multifamily/Medium-Density District
Planned Development-Continuing Care Retirement Community District
Neighborhood Business District
General Business District
Professional Office District
Research-Office District
Overlay Historic District
The boundaries of said districts are hereby established as shown on the Zoning Map and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Town Clerk and the Building Inspector for the use and benefit of the public.[1]
Editor's Note: The Zoning Map is included in pocket at the end of this volume.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
Where a district boundary is shown following a street, highway, road, right-of-way, any interstate highway, a public utility right-of-way, a railroad or a stream or watercourse, the boundary is respectively the center line of such street, highway, road, right-of-way, interstate highway, public utility right-of-way, main channel of a stream or watercourse or railroad.
Where a district boundary is shown as following a Town boundary line, a property line, a lot line or a projection of any one of the same, such boundary shall be such land marked or monumented line or projection thereof. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line or projection thereof, such boundary shall be deemed to be parallel to any landmarked monumented line or projection thereof, as the case may be, at such distance therefrom as shown on the Zoning Map. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line, such district boundary shall be deemed to be parallel to the aforesaid center line at such distance therefrom as shown on the Zoning Map.
In the absence of a specified distance being indicated on the Zoning Map, the distance shall be determined by using the map scale.
Where a question arises as to the exact boundary of a district, the boundary shall be determined by the Building Inspector.
Following the effective date of this chapter:
No building shall be erected, moved, demolished, structurally altered, reconstructed or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose in any manner except in compliance with this chapter and all other applicable laws, together with all rules, requirements and restrictions appurtenant thereto.
No yard or open space required in connection with any building or use shall be considered as providing a required yard or open space for any other building or use on the same or any other lot.
No lot shall be formed from part of a lot already occupied by a building or use unless such building or use, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. In any event, no more than one single-family detached dwelling shall be permitted on a lot, except as may be permitted in a R-MF/6, R-MF/4 or PD-CCRC District.
[Amended 3-28-1989; 2-12-2013 by L.L. No. 1-2013]
Any use not permitted by this chapter shall be deemed to be prohibited. The list of prohibited uses contained in § 250-13 of this chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and are thus prohibited. Uses identified as special permit uses or conditional uses shall be deemed prohibited unless a valid special permit shall be issued by the Town Board or Board of Appeals therefor or appropriate conditional approval granted by the Planning Board.
Preexisting uses identified as special permit uses or conditional uses in this chapter for which there exists, on the effective date of this chapter or amendment thereof, a valid certificate of occupancy shall not be deemed nonconforming unless such uses are noncomplying as to the bulk or supplemental regulations of this chapter.
No building permit or certificate of occupancy or certificate of use shall be granted for any use unless the Building Inspector shall find that the use shall conform to the standards set forth in this chapter.
No land or buildings shall be used in any manner so as to create any hazard to the public health, peace or comfort or to hinder the most appropriate use of land in the vicinity in that all such uses shall conform to the performance standards prescribed in § 250-58 for the control of noise; vibration; smoke, dust and other atmospheric pollutants; odor; radiation and electromagnetic interference; fire, explosive hazard and heat; liquid or solid wastes; and vehicular traffic emissions induced therefrom.
Nothing in this chapter shall prevent the construction, enlargement, extension or structural alteration of a building or other structure on or the use of a lot which does not comply with the lot area, lot width or frontage requirements of this chapter, provided that such use, building or other structure complies with all other requirements, bulk or otherwise, of this chapter.
[Added 3-28-1989]