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Montgomery Town City Zoning Code

§ 235-9.1

Prohibited uses enumerated.

[Amended 2-25-2025 by L.L. No. 2-2025]
In all districts, no building, structure or lot shall be used in whole or in part for any of the following uses:
A. 
Any trade, business, industry or process which is noxious or offensive by reason of the production or emission of smoke, noise, gas, odor, dust, refuse matter, vibration or excessive light beyond the limits of its lot so as to be dangerous or prejudicial to the public health, safety or general welfare.
B. 
Billboards.
C. 
Explosives or gunpowder manufacture.
D. 
House trailers or manufactured homes used for residential purposes, except that manufactured housing may be used in the R-MHC District or in any district only as farm workers' dwellings in accordance with §§ 235-6.2F(2) and/or 235-7.2F(2) as a customary accessory use to an active agricultural operation on the same or an adjacent lot in accordance with the New York State Agriculture and Markets Law.
E. 
Outdoor lighting facilities of any kind where the light source is visible from outside the property lines, or where glare beyond the property lines creates public hazards or nuisances to nearby residential zones.
F. 
Open-air retail sales establishments other than those specifically permitted in the Tables of Use Regulations for Residence and Agricultural Districts and Business and Industrial Districts.[1]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
G. 
Rear dwelling except where otherwise allowable as a caretaker's dwelling or farm worker's housing as elsewhere described in this chapter.
H. 
Recreation center devices such as sky rides, Ferris wheels, roller coasters, shooting galleries, except on a temporary permit issued by the municipality.
I. 
Battery Energy Storage Systems other than those authorized by the 2020 New York State Residential Code Section 1206 for one- and two-family homes.