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.
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. 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.
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.
(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.