Orange County
Village of Montgomery, NY: zoning for new construction
Residential lots in the Village of Montgomery run from a 0.11-acre minimum in Residential One-Family up to 0.41 acres in Residential One-Family, across 11 zoning districts in all. Short-term rentals allowed with local rules. Power here is Central Hudson territory. The district table below has the setbacks, height limits and coverage - confirm the specifics with the building department at (845) 457-9621 before you rely on a figure.
Looking specifically at an accessory dwelling unit? See ADU rules for Montgomery →
Zoning districts
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Residential One-Family | 0.41 ac | 40 / 25 / 35 ft | 35 ft | No |
| Residential Agriculture One-Family | 0.28 ac | 35 / 15 / 35 ft | 35 ft | No |
| Residential One-Family | 0.18 ac | 30 / 10 / 30 ft | 35 ft | No |
| Residential One-Family | 0.23 ac | 30 / 10 / 20 ft | 35 ft | No |
| Residential One-Family | 0.11 ac | 25 / 10 / 25 ft | 35 ft | No |
| Residential One- and Two-Family | 0.11 ac | 25 / 10 / 25 ft | 35 ft | No |
| Multifamily Residential | 0.11 ac | 25 / 10 / 25 ft | 35 ft | No |
| Neighborhood Business | 0.23 ac | 50 / 20 / 30 ft | 35 ft | No |
| Village Business | — | 0 / 12 / 20 ft | 35 ft | No |
| Industrial Park | 0.92 ac | 50 / 30 / 50 ft | 35 ft | No |
| Village Industry | 0.11 ac | 0 / 12 / 20 ft | 35 ft | No |
Residential One-Family - The lot size shown is for land with both public sewer and public water. With only one of them a lot needs at least twenty thousand square feet, and with neither, building here is not permitted.
- The pair of side yards must total at least forty feet, so a house needs at least twenty-five feet on one side and at least fifteen on the other.
- A side yard on the street side of a corner lot must be at least thirty-five feet.
- Lot width is measured at the required minimum front yard depth, not at the street.
- Coverage counts main and accessory buildings together.
- An accessory building may cover up to 20% of the required rear yard, rise no more than 18 feet there, and must stand at least 5 feet from any lot line.
- Only a single-family detached dwelling is permitted; a two-family house, a multiple dwelling and a planned residential development are not.
Residential Agriculture One-Family - The lot size shown is for land with both public sewer and public water. With only one of them a lot needs at least eighteen thousand square feet, and with neither at least twenty thousand; RA-3 is the only district in the Village buildable without any public service.
- A side yard on the street side of a corner lot must be at least thirty-five feet, the full front-yard figure.
- A planned residential development, and a golf course or country club on at least fifty acres, are available by special exception.
- Lot width is measured at the required minimum front yard depth.
- Coverage counts main and accessory buildings together.
- An accessory building may cover up to 20% of the required rear yard, rise no more than 18 feet there, and must stand at least 5 feet from any lot line.
Residential One-Family - At least one public service is required: the lot size shown holds with public sewer and public water or with only one of them, but with neither, building here is not permitted.
- Because the pair of side yards must total at least twenty-five feet, one side yard must be at least fifteen feet.
- A side yard on the street side of a corner lot must be at least thirty feet.
- Lot width is measured at the required minimum front yard depth.
- Coverage counts main and accessory buildings together.
- A planned residential development is available by special exception.
- An accessory building may cover up to 25% of the required rear yard, rise no more than 18 feet there, and must stand at least 3 feet from any lot line.
Residential One-Family - At least one public service is required: the lot size shown holds with public sewer and public water or with only one of them, but with neither, building here is not permitted.
- A side yard on the street side of a corner lot must be at least thirty feet.
- Lot width is measured at the required minimum front yard depth.
- Coverage counts main and accessory buildings together.
- A planned residential development is available by special exception.
- An accessory building may cover up to 25% of the required rear yard, rise no more than 18 feet there, and must stand at least 3 feet from any lot line.
Residential One-Family - At least one public service is required: the lot size shown holds with public sewer and public water or with only one of them, but with neither, building here is not permitted.
- The pair of side yards must total at least eighteen feet, with at least ten feet on one side and at least eight on the other.
- A side yard on the street side of a corner lot must be at least twenty-five feet.
- Only a single-family detached dwelling is permitted.
- Lot width is measured at the required minimum front yard depth.
- Coverage counts main and accessory buildings together.
- An accessory building may cover up to 25% of the required rear yard, rise no more than 18 feet there, and must stand at least 3 feet from any lot line.
Residential One- and Two-Family - Nothing may be built here without both public sewer and public water. Each dwelling unit needs at least twenty-five hundred square feet of land, so the minimum lot carries a two-family house exactly and the per-unit figure is what binds.
- A two-family detached dwelling and a one-family semidetached dwelling are permitted by right; converting an existing single-family detached house for two families needs a special exception.
- A side yard on the street side of a corner lot must be at least twenty-five feet.
- Lot width is measured at the required minimum front yard depth.
- Coverage counts main and accessory buildings together.
- An accessory building may cover up to 35% of the required rear yard, rise no more than 20 feet there, and must stand at least 3 feet from any lot line.
Multifamily Residential - Land per unit rises with bedroom count: at least five thousand square feet for an efficiency, one- or two-bedroom unit, at least five thousand five hundred for three bedrooms, and at least eight thousand seven hundred for four or more. That ladder sizes a building here.
- Nothing may be built here without both public sewer and public water.
- The pair of side yards must total at least fifteen feet, with at least ten feet on one side and at least five on the other.
- A side yard on the street side of a corner lot must be at least twenty-five feet.
- RM-1 is the only district in the Village where a multiple dwelling is permitted.
- Coverage counts main and accessory buildings together.
- An accessory building may cover up to 35% of the required rear yard, rise no more than 20 feet there, and must stand at least 3 feet from any lot line.
Neighborhood Business - No dwelling of any kind is permitted in B-1. A side yard on the street side of a corner lot must be at least fifty feet, the full front-yard figure.
- Lot width is measured at the building line.
- Coverage counts main and accessory buildings together.
- No separate rear-yard coverage or height limit applies to accessory buildings.
Village Business - No side yard is required, but one that is provided must be at least twelve feet. The rear yard is the only yard that always binds.
- The district requires no lot area, no lot width and no front yard, which lets buildings stand on the street line.
- No combined side yard and no corner-lot side yard apply.
- A dwelling is possible only above a first-floor nonresidential use, and only by special exception.
- Coverage counts main and accessory buildings together.
- No separate rear-yard coverage or height limit applies to accessory buildings.
Industrial Park - No dwelling of any kind is permitted in I-1. A side yard on the street side of a corner lot must be at least fifty feet.
- Lot width is measured at the building line.
- Coverage counts main and accessory buildings together.
- No separate rear-yard coverage or height limit applies to accessory buildings.
Village Industry - No front yard and no corner-lot side yard are required. The pair of side yards must total at least twenty feet, with at least twelve feet on one side and at least eight on the other.
- No dwelling of any kind is permitted.
- Lot width is measured at the building line.
- Coverage counts main and accessory buildings together.
- No separate rear-yard coverage or height limit applies to accessory buildings.
Short-term rentals
Short-term rentals allowed with local rules. Short-term rentals in the Village of Montgomery need a short-term rental permit under the Village's Short-Term Rental Properties chapter, with an annual inspection.
Conditions the code attaches:
- A resident agent is required.
- The owner must carry $1M of liability insurance.
- Confirm with the Village at (845) 457-9621 before listing.
Good to know
- UtilityCentral Hudson territory.
- Zoning codeVillage of Montgomery Zoning, Ch. 122: Attachments 4 and 6 dimensional tables, Attachments 3 and 5 use tables, and § 122-7.1 overlay districts
- Building dept(845) 457-9621
- Last reviewed2026-09-15
Working out a budget? A standard-finish build here runs $211–$276/sq ft - see the full cost to build a house in Montgomery, or what an ADU costs here.
Sizing up a specific parcel in Montgomery?
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Zoning figures for Village of Montgomery are compiled from the municipal code (last reviewed 2026-09-15) and provided for decision-support only - not legal, engineering, or architectural advice. Setback and dimensional standards often carry conditions and exceptions; verify with the building department at (845) 457-9621 before relying on any number. Source: the Offsite / Aldo zoning dataset.