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.
A.Â
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.Â
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.Â
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.
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.
A.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
Regulations applicable where a residential district abuts a nonresidential
district.
(1)Â
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)Â
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.Â
Single-family dwellings, including manufactured (mobile) homes, shall
have a minimum of 900 square feet of livable floor area.
A.Â
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.Â
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.
A.Â
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.Â
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.Â
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.
The location, limitation and coverage of accessory buildings
shall be as follows, except for agricultural uses, which shall be
exempt:
A.Â
No accessory building shall be placed in any required side or front
yard except as provided herein.
B.Â
The aggregate ground area covered by any accessory buildings in any
rear yard shall not exceed 50% of the rear yard area.
C.Â
Accessory structures not attached to a principal structure shall:
(1)Â
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)Â
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.Â
Accessory structures of more than one story in height within required
side or rear yards shall be subject to special use review.
E.Â
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.Â
Swimming pools.
(1)Â
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]
(2)Â
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)Â
All fencing associated with swimming pools shall comply with the
New York State Building Code requirements for the same.
G.Â
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)Â
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)Â
Shall conform to corner lot requirements contained herein;
(3)Â
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)Â
In the case of retaining walls over four feet high, shall require
site plan review by the Planning Board and a building permit.