Montgomery Town City Zoning Code
§ 235-11.4
Yards.
A.
The following accessory structures may be located in any required front or rear yard:
C.
Every part of a required yard shall be open to the sky unobstructed, except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, and for ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 18 inches.
D.
Open or lattice-enclosed fireproof fire escapes or stairways required by law projecting into a yard not more than four feet and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F.
In all residential agricultural and residential districts where 25% of the buildings on the same side of a street as a proposed new building, and within 200 feet thereof, have a front yard setback greater than the minimum provided herein, then the minimum front yard setback shall be equal to the average setback distance of the other buildings, but in no event shall the required setback distance be greater than 10 feet more than the minimums provided in this chapter. This section shall not apply to the required side yard on the street side of a building.
G.
Front yard setback overlay district for various public highways in all districts.
(1)
Unless a greater setback requirement is prescribed in the Table of Dimensional Regulations for Residence and Agricultural Districts, Row 5, and the Table of Dimensional Regulations for Business and Industrial Districts, Row 6,[1] front yards abutting all county and state highways, Lake Osiris Road, Berea Road, Barron Road, Neelytown Road, Goodwill Road, Chandler Lane, Kings Hill Road, Stone Castle Road, North Drury Lane, and Beaver Dam Road shall be at least 60 feet in depth, except where the majority of existing primary structures on either side of the road within 300 feet from the intersection of the nearest property line and street line is of a lesser average depth. In such cases, the front yard depth shall be 50 feet or the average of all lot depths within said 300 feet, whichever is greater.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
(2)
For all new development projects on property fronting on the following public highways: Route 17K from the Town of Newburgh west to the Village of Montgomery, Route 208 from the Village of Walden south to Morrison Place and Route 747 from Route 17K south to the Town of Newburgh, the portion of the front yards located within 55 feet of the center lines of such roads shall be landscaped. Private service or marginal roads (except for access driveways) and parking of vehicles shall not be permitted in these landscaped areas. The fifty-five-foot dimension shall be extended to 65 feet for all properties on Route 17K, Route 208 and Route 747 which lie within 350 feet of the intersecting center lines of the following street intersections:
(a)
Route 208 and Route 17K.
(b)
Route 208 and Coleman Road.
(c)
Route 208 and Bracken Road.
(d)
Route 208 and Goodwill Road.
(e)
Route 208 and Bailey Road.
(f)
Route 208 and Route I-84 ramps.
(g)
Route 208 and Henry Henning Drive.
(h)
Route 208 and Neelytown Road (CR 99).
(i)
Route 17K and Bracken Road.
(j)
Route 17K and Berea Road and Barron Road.
(k)
Route 17K and Coldenham Road (CR 75).
(l)
Route 17K and Browns Road and Maple Avenue.
(m)
Route 17K and Stone Castle Road and Route 747.
(n)
Route 17K and North Drury Lane.
(o)
Route 208 and Hawkins Drive.
(p)
Route 17K and Bailey Road.
H.
A front lot line and required front yard for property facing two or more streets shall be all the lines and all of the yards fronting on said street. The lot line and yard opposite one of the front lot lines shall be the rear lot line and rear yard. For a lot that extends behind another lot, the front yard shall be measured from both the public street and, in addition thereto, from the common lot line between the front and rear lots.
[Added 10-6-2022 by L.L. No. 10-2022]