Montebello City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 195-22 Permitted height exceptions.
The Planning Board may modify the permitted height limitations of this chapter as to the following:
A.
Rooftop bulkheads, elevator penthouses, water towers, fire towers, hose towers, cooling towers, air-conditioning or heating equipment, flagpoles, dish antennas, radio or television aerial, provided that such features shall not occupy, in the aggregate, more than 10% of the area of the roof of a building and are set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located. All mechanical equipment located on the tops of buildings shall be visually screened. In any district that permits research and laboratory uses, up to 25% of the area of the roof of a building may be occupied by specialized air-handling equipment, lab venting systems and other rooftop equipment specifically related to the research and laboratory use. The same setbacks from the edge of the roof required for other rooftop equipment regulated by these provisions shall apply. Such equipment shall be screened so that it is not visible from off-site locations.
B.
Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than four feet.
C.
Solar energy systems, provided that such systems shall be erected only to the height certified to accomplish its purpose. Such certificate is to be issued by a public utility, the manufacturer of the system or a licensed engineer, and shall be obtained by the applicant.
§ 195-23 Courts.
A.
An outer court shall be at least 20 feet wide, as wide as its depth or as wide as the height of the highest wall adjoining said court, whichever is the greatest.
B.
An inner court shall be at least 50 feet in the least horizontal dimension. Two open and unobstructed passageways, each at least 14 feet high and 12 feet wide, to permit access by fire-fighting equipment, shall be provided at ground level to any inner court.
§ 195-24 Spacing.
A.
The distance between two principal buildings on the same lot shall be no less than the height of the taller building unless otherwise specified in this Zoning Chapter.
B.
The distance between a principal building and a detached accessory building shall be no less than the height of the accessory building but in no event less than 15 feet.
§ 195-24.1 Maximum size of accessory buildings.
[Added 8-16-2023 by L.L. No. 4-2023]
A.
Size limitations established.
(1)
The following size limitations apply to all accessory buildings to one-family residences, one-family detached residences, or one-family semiattached residences:
(a)
On any lot, the sum of all accessory buildings' or structures' gross floor area shall not exceed 25% of the gross floor area of the principal building; and
(b)
On any lot, the sum of all accessory buildings' or structures' building footprints shall not exceed 25% of the building footprint of the principal building; and
(c)
On any lot, the height of any accessory buildings shall not exceed 15 feet.
(2)
For example, if the gross floor area of the principal building is 6,500 square feet and the footprint of the principal building (the footprint) is 3,000 square feet, then the sum total of all gross floor area of accessory buildings or structures on the lot shall not exceed 1,625 square feet and the ground floor area or footprint shall not exceed 750 square feet.
B.
Said limitations shall not apply to land governed by the New York State Agriculture and Markets Law.
C.
Said limitations shall be appealable to the Zoning Board of Appeals, who shall follow the standards and procedures for an area variance.
§ 195-25 Yards abutting railroad rights-of-way.
No side yard or rear yard shall be required for any nonresidential use where such yard abuts the right-of-way of a railroad or utility transmission line at least 50 feet in width. Notwithstanding the preceding sentence, adequate provision shall be made for emergency access to the side or rear of any building.
§ 195-26 Commercial vehicles in nonresidential areas.
Diesel trucks shall not be parked with engine running in nonresidential districts within 200 feet of a residential district between the hours of 11:00 p.m. and 6:00 a.m.
§ 195-27 Height exceptions in the PI-C District.
The Planning Board, at its discretion, may modify the permitted height limitations to allow a maximum building height of 60 feet based on consideration of the following: visibility of any building along the entire length of Hemion Road; the relationship of the proposed building height to the tree line on top of the ridge contained within this district; use of the sloping character of the site to minimize the appearance of buildings and their massing (i.e., terrain adaptive design); and the effect of any additional floor area on traffic, parking and infrastructure. The foregoing provision shall not apply to buildings intended for manufacturing uses.