Montebello City Zoning Code
ARTICLE IV
Bulk Regulations
§ 195-12 General requirements.
The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established by Article II are hereby established.
§ 195-13 Bulk Table.
The accompanying table, entitled "Table of Bulk Requirements," shall be a part of this chapter, is referred to herein as the "Bulk Table" and sets forth the minimum bulk requirements of this chapter.[1]
A.
The Bulk Table is divided into columns, each column headed by a number for reference. The Bulk Table is divided by single horizontal lines into groups, each group being identified by a letter corresponding to the letter symbol appearing in the Use Table adjacent to each use or combination of uses. Each of the uses within each group is regulated by the bulk regulations for the indicated use group.
B.
Other articles herein contain supplemental requirements applying to bulk, setback and coverage of specified uses.
[1]
Editor's Note: The Bulk Table is included at the end of this chapter.
§ 195-14 Special bulk requirements.
A.
As part of any minimum lot area requirement of this chapter, no land under water, subject to or within the one-hundred-year-frequency floodplain, freshwater wetlands, within easements or rights-of-way for any utilities, with slopes of over 25% or within a designated street line of any road shall be counted. Furthermore, only 75% of land area of land with a slope exceeding 15% but no more than a slope of 20% shall be credited, and only 50% of land area of land with a slope exceeding 20% but with no more than a slope of 25% shall be credited. The application of this section to any particular lot or site shall be the responsibility of the Village Planning Board at the time of subdivision or site development plan approval.
[Amended 8-17-2005 by L.L. No. 5-2005; 6-20-2018 by L.L. No. 4-2018]
B.
Street frontage for lots fronting on culs-de-sac or on a street with a radius of curvature at the center line of 100 feet or less, or in other appropriate circumstances, may be reduced by the Planning Board at the time of subdivision plat approval to no less than 1/2 of the required dimensions. No portion of the lot, along the access route from this frontage into the lot, shall be narrower than the approved frontage.
C.
Flag lots. Flag lots shall provide at least 50 feet of frontage along the street, and the width of the strip of land "flagpole" (as defined in § 195-124) connecting the buildable portion of the flag lot with the street shall be at least 50 feet along its entire length. The area of the access strip (the "flagpole") shall not be included in calculating minimum lot area. The area of the main building portion of the lot, the lot exclusive of the access strip, shall be at least the minimum lot area in the underlying zoning district, but in no event less than 1 1/2 acres. All flag lots created after June 21, 2006 (the effective date of this local law) shall meet these requirements and the applicable provisions of the Village of Montebello Subdivision of Land Regulations, including those dealing specifically with flag lots.
[Added 6-21-2006 by L.L. No. 4-2006]
§ 195-15 Average density.
A.
The Village Board may authorize the Planning Board, simultaneously with the approval of a subdivision plat in accordance with § 7-738 of the Village Law and the provisions of the Density Zoning Resolution which may hereafter be adopted by the Village Board, to modify the applicable bulk and area provisions of this chapter. This procedure may be followed by the Planning Board upon written application by the owner or subdivider, or at the initiation of the Planning Board. The procedure may be used to modify the minimum lot area requirements; lot width; front, side and rear yards and setbacks; and street frontage. This procedure shall not be used to modify the requirements for building height.
B.
In the event the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes, then the Planning Board, as a condition of final plat approval, may establish such conditions as to the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. All such conditions shall be approved by the Village Board prior to preliminary plat approval by the Planning Board.
C.
Open space land created as part of the application of average density to a subdivision plat, and which is not required or permitted to be accepted for dedication to the Village of Montebello shall be in a form of common ownership, which form and content shall be subject to the approval of the Village Board and which shall meet at least one of the following conditions:
(1)
Each owner or owners of every subdivision lot shall be an owner in common with the other owners of the subdivisions of the land intended to be held as open space.
(2)
Each subdivided lot shall carry with it a covenant underwriting the payment of taxes on the open space land, which covenant shall bind the owner thereof and every successive owner thereof.
(3)
A homeowners' or cooperative association or corporation may be formed to hold ownership of the open space; provided that each and every subdivided lot owner shall remain liable for the taxes, operation and maintenance of the open space land.
(4)
Such other mechanism or form as shall be approved by the Village Board which shall satisfy the requirements of the payment of taxes and the operation and maintenance of the property so created.
§ 195-16 Modification of bulk requirements for environmental features in ER-80 and RR-50 Zoning Districts.
[Amended 8-16-2023 by L.L. No. 4-2023]
The Planning Board may modify yard, setback, lot width and frontage requirements for single-family homes and accessory buildings in the ER-80 and RR-50 Zoning Districts. Such modifications shall not reduce the lot area below that required for the district in which the lot is located, nor shall any development coverage or floor area ratio be increased beyond required maximum limitations, nor shall any minimum bulk requirement be reduced by more than 50% of the required distance, and nor shall more lots be created than would otherwise be permitted. Setback requirements may be modified where, in the Planning Board's judgment, the preservation of an environmental feature is deemed to be important. Examples of environmental features include, but are not limited to, wetlands, streams, ponds, steep slopes, poorly drained soils, stone walls, prominent landscape features such as stands of trees or unique species or forms of vegetation, significant existing buildings, vistas, parks, and recreation facilities.