Montour Falls Village
City Zoning Code

The Village of Montour Falls is hereby divided into the following types of districts:

Floodplain Overlay, Historic District Overlay and PCD Planned Commercial Development Districts are also provided for hereunder.

Zoning district boundary lines are intended generally to follow or connect the center lines of rights-of-way; existing lot lines; the mean water level of rivers, streams and other waterways; or Village boundary lines, all as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension or relationship to such a line.

In case of a split lot, in which a zone boundary line runs through a lot, zone standards are applied separately to each portion of the lot.

When the specific location of a zoning district boundary line cannot be ascertained, the Code Enforcement Officer shall request the Planning Board to render an interpretation which shall then be used as the basis for applying zoning standards.

Land use and development standards are set forth in the following Schedule of District Regulations which is supplemented by other parts of this chapter and other laws of the Village of Montour Falls. A use identified as a principal permitted use shall be permitted as a matter of right upon application to the Code Enforcement Officer, provided it complies with these regulations. Site plan review shall be required for such uses as the Village Board may from time to time designate by local law. Accessory uses are permitted to accompany principal permitted uses, and permits for these uses shall be issued directly by the Code Enforcement Officer unless site plan review is required as noted in the Schedule of District Regulations.

If a proposed use is not specifically listed in any category of uses or within any zoning district on the Schedule of District Regulations, the Village Board shall, following a public hearing and by resolution, render a formal determination as to whether or not the use is permitted in a given district The Village Board may consult the Planning Board for recommendations in this regard and shall make its determination on the basis of similarities of the use to other specifically listed uses within various districts, taking into consideration the impacts of the use on the community and the neighborhood in which it is proposed. This shall not permit the reclassification of uses that are already listed nor shall the Village Board permit any use that is not listed in a particular district if that use is already permitted in another district. Any determination made under this section shall be filed with the Village Clerk within 15 days.

Minimum development standards. The development standards contained herein are minimums. These standards shall, in the case of dwellings, apply to each individual dwelling unit unless otherwise specifically provided. A two-family dwelling shall, for example, require the equivalent of two minimum sized lots insofar as lot area, as will any two dwelling units on the same property.

Minimum lot frontage. All residential lots shall have a front lot line, along the right-of-way, with a minimum length of 50 feet. Flag lots (see illustration to the right) shall nonetheless be permitted where a single driveway is used to provide access to two lots, one along the front lot line and the other to the rear of such lot, provided a right-of-way of no less than 25 feet in width is provided for the drive and the owners have submitted a joint maintenance agreement or deed covenant providing for the shared maintenance of such drive. Such agreement shall also specifically exempt the Village of Montour Falls from any responsibility for the maintenance of the shared drive.

Regulations applicable where a residential district abuts a nonresidential district.

Single-family dwellings, including manufactured (mobile) homes, shall have a minimum of 900 square feet of livable floor area.

General application. No building or structure shall exceed in building height the number of feet permitted as a maximum on the Schedule of District Regulations for the district where such building or structure is located.

Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and transmission towers, farm buildings or similar noninhabited structures under 150 feet in height. Structures over 150 feet in height may be permitted provided they are sufficiently set back from adjoining properties to avoid any safety hazard connected therewith and meet all state and federal air safety and electronic communications standards. Other height exceptions may also be granted where firefighting capacity will not be threatened and buffers and setbacks are also proportionally greater.

Side yard exception. Where the side wall of a building is not parallel with the side lot line or is irregular, the side yard may be varied at the discretion of the Planning Board. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.

Front yard exception. When an unimproved lot is situated adjacent to or between improved lots already having a principal building within the required front yard, the front yard for the unimproved lot may be reduced to match the depth of the front yard of either of the two nearest adjoining improved lots.

Provision of yard or other open space. No yard or other open space provided about any buildings to comply with the provisions of the law shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.

No permitted accessory building shall be placed in any required side or front yard except as provided herein.

The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 50% of the rear yard area.

Accessory structures not attached to a principal structure shall:

Railroad cars, mobile home units and recreational vehicles shall not be used for purposes of accessory structures. Storage trailers and bulk containers shall be only be used with prior site plan review.

Swimming pools.

Fences and walls. Except as otherwise required herein or approved by the Planning Board, fences and walls:

Garages and storage of recreation vehicles in residential zones.