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Village of Montebello, NY
Rockland County
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Table of Contents
Table of Contents
No principal structure shall be located any closer to any street or property line than the required minimum setback as set forth in Article IV, § 195-13 and the accompanying Bulk Table. Accessory structures and uses may be permitted within the required setback other than the front setback but not within any required yard, unless specifically authorized in this article. Parking shall not be permitted in any required yard.
A. 
The Planning Board may permit the following accessory structures in the LO, LO-C and PI, and PI-C Districts within a required front yard:
(1) 
Gatehouse.
(2) 
Reception office.
(3) 
Watchman's post.
B. 
The Planning Board may permit a garage accessory to a residence to be located within the front yard or setback where, due to topographic conditions, there would be practical difficulties in constructing a safe and convenient drive from the street; provided, however, that such garage shall not adversely affect the future use and development of adjacent properties.
C. 
At the intersection of two streets, no shrubbery, hedge or other natural growth, fence, wall or other obstruction shall be located within the sight distance easement shown shaded in Sketch A below.[1]
D. 
A flagpole not higher than 25 feet measured from the ground at its base, an arbor or a trellis may be located in the front setback.
[Added 9-15-2010 by L.L. No. 2-2010]
A. 
An unroofed terrace or patio which is not more than one foot above ground level or an arbor, open trellis, chimney or flagpole is permitted in a required setback. An open fire escape, deck or unroofed porch or terrace, which is more than one foot above ground level, may project not more than six feet into a required rear setback.
B. 
An awning or movable canopy may project not more than 10 feet into a required setback; cornices or eaves may project not more than 18 inches into a required setback.
C. 
A fence or wall not more than four feet in height above average existing grade is permitted along any lot line and no more than six feet in height above average existing grade along that part of any lot line behind the required front yard. A fence or wall over the six-foot height is permitted, provided that it is set back from the lot line a distance equal to 2/3 its height. All fences shall be constructed with the outer face thereof located a minimum of one foot from the property line, except that a common fence may be constructed on the property line with the written consent of both abutting owners. The finished side of the fence shall face the lot line. For purposes of these regulations, the installation of a fence or wall shall require a building permit.
D. 
Accessory buildings constructed on adjacent lots with the written consent of all abutting owners may be located along the common side lot line or rear lot line, provided that the accessory building has a floor area of less than 144 square feet and an exterior height of no more than eight feet.
All required front yard and front setback depths shall be measured from the designated street line, front lot line or existing street or right-of-way line, whichever is a greater distance from the center line of the public street abutting the lot in question. Where lots are subdivided on other than a public street, the designated street line, for purposes of front yard and setback measurement, shall be parallel to and 25 feet distant from the center line of any access easement or right-of-way.
A front yard and front setback shall be required on a corner lot from each street line. There shall be designated on the site plan or subdivision plat which of the remaining yards or setbacks shall be the side and rear yard or setback, respectively.