Montebello City Zoning Code
ARTICLE II
Zoning Districts and Zoning Map
§ 195-4 Districts established.
[Amended 9-15-2010 by L.L. No. 2-2010; 4-18-2018 by L.L. No. 2-2018; 8-15-2018 by L.L. No. 5-2018; 11-13-2019 by L.L. No. 4-2019; 11-13-2019 by L.L. No. 8-2019]
The zoning districts listed below are hereby established, and the Village of Montebello is divided into the districts listed.
Symbol | Title |
|---|---|
Residential Districts | |
ER-80 | Estate Residential District (80,000 square feet per lot) |
RR-50 | Rural Residential District (50,000 square feet per lot) |
R-35 | Low-Density Residential District (35,000 square feet per lot) |
R-25 | Low-Density Residential District (25,000 square feet per lot) |
R-15 | Medium-Density Residential District (15,000 square feet per lot) |
R-AH | Medium-Density Affordable Housing Residential District (Adopted December 9, 1991) |
RSH | Residential Senior Citizen District |
Mixed Use Districts | |
R59-DD | Route 59 Development District |
EP | Estate Preservation District |
Nonresidential Districts | |
NS | Neighborhood Shopping District |
LO-C | Laboratory Office-Campus District |
LO | Laboratory Office District |
OSR | Open Space-Recreation District |
PI | Planned Industry District |
PI-C | Planned Industry-Campus District |
Overlay Districts | |
EPOD | Environmental Protection Overlay District |
RP | Rural Preservation District Overlay |
HSR | Historic and Scenic Roads Overlay District |
§ 195-4.1 Critical environmental areas.
[Added 2-19-2020 by L.L. No. 2-2020]
In addition to the above-referenced districts, the following areas are designated as critical environmental areas pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) regulations at 6 NYCRR 617.14(g):
A.
Potential timber rattlesnake habitat.
(1)
The area designated as "Potential Timber Rattlesnake Habitat" on Attachment 12 to Chapter 195, the Critical Environmental Areas Map of the Village of Montebello, generally is the part of the Village west of Route 202. In the northwestern area of the Village it also includes some areas east of Route 202, between the said route and the Mahwah River, as shown in Attachment 12.
(2)
This area possesses specific environmental characteristics which are exceptional and unique, and it is the specific goal of this designation to identify and protect those characteristics which are set forth below:
(a)
This area includes potential habitat for the timber rattlesnake, Crotalus horridus, which is designated as a threatened species by the New York State Department of Conservation. State surveys have found den sites, mating and feeding areas for the timber rattlesnake along the western boundary of the Village. Individuals have been seen west of Route 202, and occasionally east of Route 202 near large bridges and box culverts at the Mahwah River crossing and tributary crossings in the northwest Village area; and
(b)
During any SEQR proceedings for any actions within this area, any impacts on timber rattlesnakes potentially present should be addressed. This species may be adversely affected by any change, development or disturbance in the area, and any proposed action must be scrutinized. Mitigation measures may be required as part of the proposed action to protect this habitat and allow co-existence with the species.
B.
Historic and Scenic Roads Overlay District.
(1)
The area designated as the "Historic and Scenic Roads Overlay" on Attachment 12 to Chapter 195, the Critical Environmental Areas Map of the Village of Montebello, is the coterminous and equivalent to the area of the Historic and Scenic Roads Overlay District as shown on the Official Zoning Map.
(2)
This area possesses specific environmental characteristics which are exceptional and unique, and it is the specific goal of this designation to identify and protect those characteristics which are set forth below:
(a)
These road corridors possess large, majestic specimen trees, stone walls, and vistas which contribute significantly to the overall character of the Village, and are lined with buildings with architectural and historic significance; and
(b)
During any SEQR proceedings for any actions within this area, any impacts on the Historic and Scenic Roads Overlay should be addressed. The integrity of views may be adversely affected by any clearing, grading or construction with the road corridors, and any proposed action must be scrutinized. Mitigation measures may be required as part of the proposed action to preserve these historic and scenic road corridors, and to ensure that their integrity is preserved.
§ 195-5 Zoning Map.
The boundaries of said districts are hereby established as shown on the Zoning Map 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 Village Clerk-Treasurer for the use and benefit of the public.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
§ 195-6 Interpretation of district boundaries.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A.
Where a district boundary is shown following a street, highway, road, right-of-way, the New York State Thruway, 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, thruway, public utility right-of-way, main channel of a stream or watercourse or railroad. If such boundary is shown as separated from but approximately parallel to any such feature, such district boundary shall be deemed to be parallel to the aforesaid center line at such distance therefrom as shown on the Zoning Map.
B.
Where a district boundary is shown as following a Village boundary line, a property line, a lot line or a projection of any one of the same, such boundary shall be such landmarked 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 or monumented line or projection thereof at such distance therefrom as shown on the Zoning Map.
C.
In the absence of a specified distance being indicated on the Zoning Map, the distance shall be determined by using the map scale.
§ 195-7 General district regulations.
Following the effective date of this chapter:
A.
No building shall be erected, moved, 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.
B.
No yard, setback or open space required in connection with any building or use shall be considered as providing a required yard, setback or open space for any other building or use on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building or use unless such building or use, all yards, setbacks 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.
D.
Any use not permitted by this chapter shall be deemed to be prohibited. The list of prohibited uses contained in Article III, § 195-11 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 shall be deemed prohibited unless a valid special permit shall be issued by the Planning Board.
E.
Preexisting uses identified as special permit 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 use, bulk or supplemental regulations of this chapter.
F.
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.
G.
No land or buildings shall be used in any manner so as to create any hazard to the public health, safety, welfare, 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 Article X, § 195-58 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.