Montour Town City Zoning Code
ARTICLE III
District Regulations
§ 175-5 Enumeration of districts.
A.
The Town of Montour is hereby divided into the following types of districts:
RD | Rural Development | |
B-1 | Business |
B.
Floodplain Overlay and PCD Planned Commercial Development Districts are also provided for hereunder.
§ 175-6 Zoning Map.
The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of the Town of Montour, as may be amended, which is attached hereto and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 175-7 Interpretation of district boundaries.
A.
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 Town 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.
B.
Where a district boundary line divides a lot of record at the time such line is established, the Planning Board may allow the extension of activities permitted in one district to the other as a special use.
C.
When the specific location of a zoning district boundary line cannot be ascertained, the Building Inspector III shall request the Planning Board to render an interpretation which shall then be used as the basis for applying zoning standards.
§ 175-8 Schedule of District Regulations.
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 Town of Montour.[1] A use identified as a principal permitted use shall be permitted as a matter of right upon application to the Building Inspector III, provided it complies with these regulations. Special uses are also subject to site plan review and Planning Board approval as prerequisites to the Building Inspector III issuing a permit for their establishment. A use identified as a special use shall be permitted only upon the issuance of a special use permit. Certain principal permitted or accessory uses, as designated on the Schedule, may also require an approved site plan. Site plan review may also be required for such other uses as the Town Board may from time to time designate by local law. Accessory uses are permitted to accompany or precede principal permitted and special uses and permits for these uses shall be issued directly by the Building Inspector III.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
§ 175-9 Applicability of regulations.
A.
Whenever any owner or occupant of any property in the Town of Montour shall, for any purpose or in any manner, establish a new use, commercially clear, excavate or grade more than 10,000 square feet of land or any land for purposes of making permanent structural improvements to a property that would otherwise require a permit hereunder; change an existing use, make permanent structural improvements to a property that would require a permit under the New York State Building Code; erect a new building, move, alter, add to or enlarge any existing land use or building such owner or occupant shall first comply with the requirements of this chapter and obtain any approvals and permits required hereunder, unless specifically exempted from such requirements by this chapter. An approval shall be required whenever a change in land use occurs, regardless of whether or not any new construction is involved hereunder, excepting agricultural activities and single-family home construction.
B.
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 Planning Board shall render a formal determination as to whether or not the use is permitted in a given district, and, if the use is permitted, it shall then process the application as a special use. The Planning Board 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 Planning Board to allow any use that is not listed in a particular district if that use is already permitted in another district or to allow for a use in any district when such use is intentionally excluded from that district by its listing elsewhere.
§ 175-10 Lot development standards.
A.
Minimum development standards. The development standards contained herein are minimums and shall apply to each 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.
B.
Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 75 feet distant from their points of intersection.
C.
Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter.
D.
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 below) 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 Town of Montour from any responsibility for the maintenance of the shared drive.
 |
E.
Regulations applicable where a residential district abuts a nonresidential district.
(1)
Ingress or egress to business and industrial sites. Where a RD District adjoins a B-1 District, then any street extending through such residential district shall not be used for any business or industrial purpose, including ingress or egress, unless approved by the Planning Board. The business structure erected in said business district shall front and have the building entrances upon the street set aside for business purposes. All means of ingress to or egress from the site shall be approved by the Planning Board.
(2)
Garage entrances. No public garage for more than five motor vehicles shall have an entrance or exit for the same vehicles within 50 feet of a residential district.
F.
Single-family dwellings, including manufactured (mobile) homes, shall have a minimum of 900 square feet of livable floor area.
§ 175-11 Height restrictions.
A.
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[1] for the district where such building or structure is located.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
B.
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 as special uses, 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 telecommunications standards. Other height exceptions may also be granted as special uses where fire-fighting capacity will not be threatened and buffers and setbacks are also proportionally greater.
§ 175-12 Yard regulations.
A.
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.
B.
Provision of yard or other open space. No yard or other open space provided about any buildings to comply with the provisions of this chapter 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.
C.
Waterfront yards. Any yard which borders on a New York State Department of Environmental Conservation classified lake, stream or body of water shall be not less than 100 feet in depth except for boathouses and docks.
§ 175-13 Accessory structure and use standards.
The location, limitation and coverage of accessory buildings shall be as follows, except for agricultural uses, which shall be exempt:
A.
No accessory building shall be placed in any required side or front yard except as provided herein.
B.
The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 50% of the rear yard area.
C.
Accessory structures not attached to a principal structure shall:
(1)
Be located not less than 10 feet from any side or rear lot line or in such a fashion as to prevent emergency fire-fighting access or to shade a residential structure on an adjoining lot.
(2)
Be no closer to the street than any principal structure on the lot. Accessory buildings to principal structures located more than 100 feet from a lot line shall be exempt. Accessory structures may, in these situations, be located in front of residences but not in required front yard areas.
D.
Accessory structures of more than one story in height within required side or rear yards shall be subject to special use review.
E.
Railroad cars, retired mobile home units and recreational vehicles shall not be used for purposes of accessory structures in connection with any nonagricultural use. Storage trailers and bulk containers shall be only be used with prior site plan review.
F.
Swimming pools.
(1)
Swimming pools, whether permanent or portable, that are accessory to single-family dwellings, shall be located not closer than 20 feet to a side or rear lot line or within 40 feet of any residence on an adjoining lot line, and not in any required front yard. These regulations shall not apply to portable pools that do not exceed two feet in height or six inches in depth.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Swimming pools that are part of a nonresidential use, whether commercial or noncommercial, such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institutions shall be of permanent construction and shall be located not closer than 100 feet from any lot line or within 120 feet from any residence on an adjoining lot.
(3)
All fencing associated with swimming pools shall comply with the New York State Building Code requirements for the same.
G.
Fences and walls. Except for agricultural uses or as otherwise required herein or approved by the Planning Board as part of a site plan, fences and walls:
(1)
Shall not exceed six feet in height when erected in the required side or rear yards and shall not exceed four feet in height when erected in the required front yard; provided, however, that in the RD District see-through fencing may be up to eight feet in height when erected in the required side or rear yards and up to six feet in height when erected in the required front yard;
[Amended 6-14-2022 by L.L. No. 1-2022]
(2)
Shall conform to corner lot requirements contained herein;
(3)
Shall be measured from the ground level at the base of the fence or wall, excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each end of the retaining wall; and
(4)
In the case of retaining walls over four feet high, shall require site plan review by the Planning Board and a building permit.