Montgomery Town City Zoning Code
§ 235-4.4
Grandfathering provisions.
The following provisions are "grandfathered":
A.
Existing approved residential lots or lots validly of record with frontage on public highways or contained on certain subdivision plats filed with the County Clerk for lands rezoned to the RA-.5 Zoning District in 1989 (Local Law No. 4 of 1989). All existing approved residential lots or lots validly of record in the Town of Montgomery as of July 10, 1989, which were rezoned to the RA-.5 Zoning District in 1989 but contained the requisite frontage on any existing state, county or Town highway as of July 10, 1989, or those lots which are included on a filed subdivision plat previously filed with the County Clerk pursuant to the interim grandfather provisions of Section III of Local Law No. 4 of 1989, may be developed and improved in accord with the zoning lot area and bulk requirements of the Town of Montgomery in effect immediately prior to the adoption of Local Law No. 4 of 1989. Notwithstanding the above, all Zoning Law amendments subsequent to Local Law No. 4 of 1989 shall apply to all such lots. Additionally, no such lot shall have been nor shall be further subdivided to create any new residential lots that do not meet the minimum requirements imposed by this chapter as existing now or as, from time to time, amended, unless the subdivision plan is an approved cluster plan in accord with the Zoning Law existing at the time of the filing of the clustered subdivision plan with the Orange County Clerk.
B.
Local Law No. 2 of 2002, as amended by Local Law No. 2 of 2003.
(1)
Section III-C requires a full-acre, two-acre, half-acre, three-eighths-acre, five-eighths- acre or three-quarter-acre lot size, as the case may be, for the RA-.5, RA-1, RA-2 and RA-3 Districts (as they existed on January 1, 2022) as depicted in the Table of Dimensional Regulations for the Residence and Agricultural Districts;[1]
[Amended 10-6-2022 by L.L. No. 10-2022]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Approved lots which do not meet the minimum lot sizes set forth in Section III-C of Local Law No. 2 of 2002, but are depicted on a subdivision map filed with the Orange County Clerk as of the effective date of that local law;
(3)
Existing lawfully created lots of record which do not meet the minimum lot sizes set forth in Section III-C of Local Law No. 2 of 2002, but were created prior to the requirement that any such lots be approved by the Town of Montgomery Planning Board.
C.
Local Law No. 2 of 2010.
(1)
Proposed site plans currently pending before the Planning Board based on a complete application that has received either a conditional approval or has had a negative declaration or findings statement adopted pursuant to the State Environmental Quality Review Act (SEQRA) as of March 31, 2010, shall not be required to comply with the provisions of this chapter, provided that the site plans are signed by the Chairman of the Planning Board and filed as required prior to March 31, 2012.
(2)
Proposed subdivisions currently pending before the Planning Board based on a complete application that have received either a preliminary approval or have had either a negative declaration or findings statement adopted pursuant to the State Environmental Quality Review Act (SEQRA) as of March 31, 2010, shall not be required to comply with the provisions of this chapter, provided that the subdivision is signed by the Chairman of the Planning Board and filed as required prior to March 31, 2012.
D.
A planned adult community with an approved and unexpired special use permit and an approved and unexpired site plan shall not be subject to Introductory Local Law 9 of 2021.
[Added 4-18-2022 by L.L. No. 6-2022]