Montgomery Town City Zoning Code
§ 235-11.2
Lot area, lot coverage and lot width.
[Amended 4-18-2022 by L.L. No. 6-2022]
A.
In all districts, the lot frontage at the street line shall not be less than 40 feet at any point between the front lot line and the point at which the lot width is measured as elsewhere set forth in this chapter, except in the RM-1 District where lot frontage at the street line shall not be less than 20 feet for single-family attached dwellings, except in a planned adult community (PAC) and/or in a clustered subdivision where the lot frontage requirements shall be prescribed by the Planning Board during the review of those types of projects. 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.
B.
For purposes of calculating minimum lot area or maximum lot coverage for residential and nonresidential uses, or for calculating residential density, the following areas shall be subtracted from the gross lot area of a parcel:
(1)
Utility rights-of-way and designated streets. Fifty percent of any land within easements or rights-of-way for overhead utilities of 69 kilovolts or greater, or within a designated street line, shall not be counted as part of any minimum lot area requirement.
(2)
Land under water (applicable prior to development). One hundred percent of that portion of a lot subject to the following shall not be counted as part of any minimum lot area requirement: ponds, freshwater wetlands regulated by the Army Corps of Engineers; streams; and any freshwater wetland regulated by the New York State Department of Environmental Conservation.
(3)
Floodplains. Fifty percent of any land contained within the 100-year floodplain as designated on Federal Emergency Management Agency maps shall not be counted as part of any minimum lot area requirement.
(4)
Steep slopes (applicable prior to development). Fifty percent of the horizontal land area containing slopes with a grade in excess of 25% and 100% of the horizontal land area containing slopes with a grade in excess of 50%. Except as otherwise directed by a competing provision herein, grades shall be measured utilizing contours vertically separated by no more than two feet.
(5)
Rock outcrops (applicable prior to development). Fifty percent of the horizontal area with rock outcrops larger than 50 square feet each.