Montgomery Town City Zoning Code
§ 235-11.1
Placement of accessory buildings and uses, including garages, off-street parking and truck loading spaces.
A.
In all districts:
(1)
Accessory buildings, including garages, if detached from a main building, shall be at least 10 feet from the main building.
(2)
A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3)
Accessory buildings, including private garages, shall not be placed within a required front yard nor a required side yard.
(4)
An access driveway may be located within a required yard.
(5)
Required accessory off-street parking areas or truck loading space shall not be encroached upon by buildings, open storage, or any other use, except as specifically allowed on a limited basis as specified by the Planning Board during the site plan approval process. All such parking areas shall be provided with a turnaround so that vehicles are not required to back out into a street, except where otherwise specifically approved by the Planning Board for properties having access to minor streets and/or Town streets or highways.
(6)
The storage of manure or odor- or dust-producing substances as accessory uses shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
(7)
The following provisions shall apply to all forms of animal husbandry except for animals which are kept as household pets:
(a)
All shelters provided for livestock and fowl shall be at least 50 feet from any property line and 150 feet from front lot line, and all shelters provided for fur-bearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to provided that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.
(c)
The Building Inspector/Code Enforcement Officer shall issue a violation under this chapter for inadequate fencing for the second fence breach occurring for any one property within any one twelve-month period where both such breaches are a result of inadequate construction or maintenance of any portion of such fence.
(d)
A minimum lot size of three acres is required for general agricultural uses, including one head of livestock, with an additional 1/2 acre required for each additional head of livestock up to 10 acres. Properties in excess of 10 acres have no limitations other than as elsewhere set forth in this chapter and other than the requirement that all farming practices be in accord with sound agricultural practices as from time to time determined by the Building Inspector/Code Enforcement Officer of the Town of Montgomery and/or by the New York State Department of Agriculture and Markets.
(e)
All animals shall be contained by fence or restrained within the boundaries of the owner's property.
B.
Accessory off-street parking areas shall not be placed within a required front yard, or within a required side yard except for use by single-family, two-family or townhouse lots including accessory dwelling units for such uses.
C.
In residential districts, accessory off-street parking areas shall not be placed within a required front yard, or within a required side yard except for use by single-family, two-family or townhouse lots including accessory dwelling units for such uses.
[Amended 10-6-2022 by L.L. No. 10-2022]
D.
Additionally, the area of each lot between the building site and the public street must contain land that is usable for customary vehicular access to and from the public street.