Montebello City Zoning Code
ARTICLE V
Yard Setback Regulations
§ 195-17 General requirements.
[Amended 8-16-2023 by L.L. No. 4-2023]
No principal building or structure shall be located any closer to any street or property line than the required minimum setback as set forth in Article IV, § 195-13 and the accompanying Bulk Table. Accessory buildings and structures shall not be permitted within any required setback or required yard, unless specifically authorized in this article. Parking shall not be permitted in any required yard.
§ 195-18 Front yard and setback exceptions.
B.
The Planning Board may permit a garage accessory to any type of one-family 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. In no event shall an accessory garage building be permitted to be located within any side or rear yard or setback.
[Amended 8-16-2023 by L.L. No. 4-2023]
C.
At the intersection of two streets, no shrubbery, hedge or other natural growth, fence, wall or other obstruction shall be located within the sight distance easement shown shaded in Sketch A below.[1]
[1]
Editor's Note: Sketch A is included at the end of this chapter.
D.
A flagpole not higher than 25 feet measured from the ground at its base, an arbor or a trellis may be located in the front setback.
[Added 9-15-2010 by L.L. No. 2-2010]
§ 195-19 Side and rear yard exceptions.
[Amended 8-16-2023 by L.L. No. 4-2023; 2-19-2025 by L.L. No. 1-2025]
A.
An unroofed terrace or patio which is not more than one foot above ground level or an arbor, open trellis, chimney or flagpole is permitted in a required setback. 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 setback.
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 not more than four feet in height above average existing grade is permitted along any lot line and no more than six feet in height above average existing grade 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. All fences shall be constructed with the outer face thereof located a minimum of one foot from the property line, except that a common fence may be constructed on the property line with the written consent of both abutting owners. The finished side of the fence shall face the lot line. For purposes of these regulations, the installation of a fence or wall shall require a building permit.
D.
Accessory buildings with a floor area of less than 144 square feet and an exterior height of no more than eight feet may be constructed within required side or rear yards with a minimum setback of one foot, with the written consent of all abutting owners.
E.
Tents.
(1)
Tents, either singly or in aggregate, with 200 square feet of floor area or less shall be exempted from side and rear yard setback requirements, and no permit shall be required for their erection.
(2)
Small tents accessory to residential uses. A single tent, or an aggregation of multiple tents, with greater than 200 square feet and less than 400 square feet of floor area may be erected and used accessory to a single- or two-family dwelling on the same lot, for any temporary purpose. In no event shall a single tent, or an aggregation of multiple tents, between 200 and 400 square feet of floor area be erected on a residential lot for a period that exceeds five months in the aggregate in any calendar year. Such tents shall meet the same yard requirements as accessory buildings in the district in which they are located. No permit shall be required from the Building Inspector to erect a single tent, or an aggregation of multiple tents, between 200 and 400 square feet in floor area, for five months in the aggregate in any calendar year, or less.
(3)
Large tents. The use of large tents, either singly or in aggregate with 400 square feet of floor area or greater, for amusement or recreational purposes, at residential or non-residential lots, shall be permitted only on a temporary basis, with a permit from the Fire Inspector. Pursuant to NYS Fire Code Chapter 31, any tent, or aggregation of multiple tents, that has an area of 400 square feet or greater will be required to obtain a permit from the Fire Inspector, and comply with all State Fire Code standards including, but not limited to, fire retardance of materials, anchoring, separation from buildings, and placement. In no event shall such a tent or tents be erected for more than three times per calendar year, nor for a duration of longer than 10 days for each occurrence. Such tents shall meet the same yard requirements as accessory buildings in the district in which they are located.
(4)
Tent garages for storage prohibited. Nothing herein shall permit the erection of a tent garage, as defined by this chapter, for storage purposes, on any lot in the Village of Montebello. Any tent erected more than three times per year, for a duration of longer than 10 days for each occurrence, shall be deemed to be a tent garage and shall be prohibited.
§ 195-20 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 or right-of-way 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.
§ 195-21 Corner lots.
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 or subdivision plat which of the remaining yards or setbacks shall be the side and rear yard or setback, respectively.