Monroe City Zoning Code

The location and size of the use, the nature and intensity of the operations and traffic involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special use permit.

Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

Existing municipal facilities are adequate for the proposed use, or plans for the immediate or reasonably near-term expansion of such facilities are adequate to provide for such use.

The property will be suitably landscaped to protect the neighborhood and adjacent property.

Term of permit; extensions.

Any special use permit issued hereunder shall be to the applicant and shall be terminated upon the sale, expiration of a leasehold interest of the applicant, a change to a permitted use that does not require a special permit, or abandonment of the site, unless otherwise authorized by the Planning Board. If there is noncompliance with the conditions of the resolution of special use permit, the certificate of occupancy shall be revoked.

The lot must meet the requirements of its zoning district for a single-family dwelling, or if the lot is a preexisting nonconforming lot, the accessory apartment shall not increase the nonconformity of the lot.

There shall be no more than one accessory apartment per existing single-family detached dwelling on a lot.

Off-street parking spaces shall be provided for each dwelling unit in accordance with § 200-46.

Proof that adequate water supply and sewage disposal facilities are available.

The accessory apartment, whether in the main dwelling or in an accessory structure, shall contain at least 600 square feet and not over 1000 square feet of habitable floor area, and as such shall not exceed the size of the primary residence. If the accessory apartment is proposed within the main dwelling, the primary residence shall be no less than 1000 square feet of habitable space. There shall be no more than one bedroom per accessory apartment. The design of the apartment will conform to all applicable standards in the health, building and other codes.

The owner of the property shall reside on the premises (either in the main portion of the house or in the accessory apartment).

Each dwelling unit in the structure shall contain its own separate and private bathroom and kitchen wholly within each dwelling unit. The structure in which the accessory apartment is located shall have only one front entrance and only one entrance from any other façade of the structure. An entrance leading to a foyer with entrances leading from the foyer to the two dwelling units will be acceptable.

The accessory apartment shall be designed so that the appearance of the building remains that of a single-family detached dwelling. Any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the habitable space of the original house by more than 800 square feet beyond its size on the effective date of this section. Accessory apartments shall be clearly incidental and subordinate to the principal structure and shall not change the single-family residential character of the neighborhood.

If the accessory apartment is located above a garage, an air-to-air heat exchanger and a carbon monoxide detector shall be installed to reduce the risk of carbon monoxide poisoning. In the event the apartment is proposed for an accessory structure, the apartment must be wholly contained in the existing structure. Such structure shall have a dedicated water line and sewer line that are separate from the primary residence.

A detailed floor plan drawn to scale, showing proposed changes to the building, shall be submitted along with the application for special use authorization.

Upon receiving special use authorization, the owner must file a covenant at the County Clerk's office and with the local assessor stating that the right to rent an accessory apartment ceases upon transfer of title. A copy of said covenant shall be provided to the Planning Board and Building Department. Upon a transfer of title, the local assessor shall notify the Building Department, who will then take the appropriate steps to ensure compliance with these provisions.

Purchasers of homes that have special use authorization for accessory apartments who want to continue renting those apartments must reapply for special use authorization.

Upon approval from the Planning Board, full compliance with Chapter 158, Rental Property, shall be completed prior to occupancy of the new accessary apartment.

Site plan and subdivision review. The review and approval of townhouses or row houses shall be in accordance with the procedures of Article XV and/or subdivision review and approval for individual lots owned in fee simple.

Information required. In addition to the submission of a site plan, the applicant shall submit a written description indicating the staging and completion of the development, type of ownership, the number of residential dwelling units (calculated in accordance with the allowable density), the number of habitable rooms and bedrooms, the floor space per dwelling unit, the number of off-street parking spaces (in accordance with Article XI, Parking and Loading) and acreage to be devoted to open spaces, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all utility systems and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all units, recreation facilities, open space, roads, parking areas, walkways, utilities and other common lands and facilities will be assured.

Method for determining allowable number. The maximum permitted number of dwelling units shall be determined by multiplying the total adjusted acreage by eight. In order to derive the adjusted acreage, subtract from the gross acreage the total acreage of the following restricted areas:

Public utilities. The site shall be served by Village water and sewer systems.

Land for recreational purposes or for permanent open space. The Planning Board shall require that as much as 22% of the total area of the site shall be composed of land which can be used for recreational purposes and/or is preserved as open space in order to preserve vistas or to preserve unique or noteworthy natural features. In consideration of the extent of lands identified as set forth in Subsection C(1), (2) and (3) above, the Planning Board may reduce that requirement to no less than 15% of the gross acreage.

Landscaping. Trees and landscaping shall be provided in accordance with the provisions of Article VIII, § 200-32, Trees and landscaping.

Design. The design shall provide for architecturally harmonious groups of dwellings. Building variations, including fenestration, exterior materials and coloration, offset roof lines, decorative walls and elements, entrance features, setbacks, private outdoor living spaces (integrated with interior living area) and energy conservation shall be a part of the design process.

Undergrounding of utilities. All power and communication lines shall be installed underground in the manner prescribed by regulations of the governmental agency or utility having jurisdiction.

Stormwater collection and control systems.

Signs. Signs are permitted in accordance with Article X, Signs.

Conservation areas.

Organization. A townhouse development shall be organized as one of the following:

Homeowners' or property owners' association. Whenever a homeowners' or property owners' association is proposed, the Village Board of Trustees shall retain the right to review and approve the articles of incorporation and charter of said association and to require whatever conditions it deems necessary to ensure that the interest and purpose of this chapter is carried out. In consideration of said approval, the Village Board of Trustees shall, in part, require the townhouse development to meet the following conditions:

Site plan review. The review and approval of multifamily residential shall be in accordance with the procedures of Article XV, Site Plan and Special Permit Review and Approval.

Information required. In addition to the submission of a site plan, the applicant shall submit a written description indicating the staging and completion of the development, type of ownership, the number of habitable rooms and bedrooms, the floor space per dwelling unit, the amount of nonresidential floor space, if any, the number of off-street parking spaces (in accordance with Article XI, Parking and Loading) and acreage to be devoted to open spaces, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all utility systems and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all buildings, recreation facilities, open space, parking areas, walkways, utilities and other common lands and facilities will be assured.

Method for determining allowable number.

Public utilities. The site shall be served by Village water and sewer systems.

Land for recreational purposes and for permanent open space. At least 15% of the total area of the site shall be composed of land which is used for recreational purposes and/or preserved as open space. In reviewing the development plan, the Planning Board may require that up to 30% of the gross acreage be composed of recreation and open space in order to preserve environmentally sensitive land, to preserve vistas or to create needed recreational facilities [after deducting the amounts set forth in Subsection C(1), (2) and (3) above].

Landscaping. Trees and landscaping shall be provided in accordance with the provisions of Article VIII, § 200-32, Trees and landscaping.

Design. The design shall assure aesthetics and privacy by taking into consideration the scale of buildings, setbacks, rear yards and semiprivate areas, such as patios. The Architectural Appearance Review Board may require modifications of these elements in order to ensure a pleasant environment.

Energy efficiency and solar access. The development of the site shall be designed and arranged in such a way as to promote energy efficiency and assure solar access.

Stormwater collection and control systems.

Undergrounding of utilities. All power and communication lines shall be installed underground in the manner prescribed by regulations of the governmental agency or utility company having jurisdiction.[4]

Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.

Refuse. An adequate means of collecting and storing refuse between collections shall be provided. Any outside storage of garbage shall be in centralized large containers designed to prevent rodent infestations and shall be screened where necessary.

Signs. Signs are permitted in accordance with Article X, Signs.

Conversion of an existing dwelling. An existing dwelling may be converted to two-family or multifamily use in districts where permitted, provided that:[5]

Senior citizen affordable housing - existing development.[7]

Purpose. The Village Board, having circulated questionnaires, consulted with other Boards of the Village and after discussions with Village residents, has determined there is need for more numbers and varieties of senior housing within the Village. In order to attract development of such housing, the Village Board has elected to enact provisions that will permit greater options in the number and type of senior housing and will provide density incentives to encourage such development. At the same time, the Board has included provisions that will guarantee a full and detailed review of each senior housing proposal by the Planning Board which must grant the final approval prior to construction.

Existing law. The provisions of § 200-49.2 shall continue to apply to any existing senior housing multiple dwellings. Any new proposed senior housing shall only be pursuant to the terms of this section.

Gross density. The Village Planning Board is authorized to modify those sections of this chapter relative to lot dimensions, building setbacks, lot coverage, livable floor area per dwelling unit, open space and density in the further subdivision or site plan development of properties when necessary to comply with the provisions in this section. Notwithstanding the foregoing, the Planning Board shall not be permitted to vary the specific requirements or general directions set forth in Subsection E(7) of this section.

Housing described in this section shall exist or be designed and constructed for the needs of seniors and is subject to the management or other legal restrictions that require all of the units to be occupied by persons 55 years of age or older. Notwithstanding the foregoing, adults under 55 years of age and children may reside in the units where:

Application procedure.

Assurances for senior citizen housing projects.

Use as temporary residence.

Mobile home court permit.

Mobile home court development standards. Notwithstanding the applicable provisions of this Code or other ordinances, each mobile home court shall comply with the following conditions:

Inspection. The Building Inspector or any other duly authorized agent of the Village of Monroe shall have the right at any reasonable time to enter any mobile home court to inspect all parts thereof and to inspect the records required to be kept in any mobile home court.

Register. The operator of a mobile home court shall keep a register wherein there shall be noted the name and permanent address of the occupants of every mobile home situated in the court, the registration number of the same, the date it was admitted and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the court.

Revocation of permit.

Fees. The fees for a mobile home court permit shall be in an amount as determined by the fee schedule[2] and shall be paid by the applicant upon issuance of the permit.

Renewal applications.

Application to existing mobile home courts. This chapter, except for Subsections C(5), C(12) and E of this section, shall not apply to mobile homes existing in mobile home courts on the effective date of this chapter, and such existing mobile homes shall be considered nonconforming uses. Any enlargement, extension or alteration of an existing mobile home court may be made only in compliance with all the terms of this chapter.

Information required. In addition to the requirements relevant to site plans and special use permits, the applicant shall submit a written description indicating the staging and completion of the development, type of ownership, the number of habitable rooms and bedrooms, the floor space per dwelling unit, the amount of nonresidential floor space, the number of off-street parking spaces (in accordance with Article XI, Parking and Loading) and proposals for the construction, operation and maintenance of all utility systems and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all buildings, parking areas, walkways, utilities and other common lands and facilities will be assured.

Maximum number of dwelling units. The maximum number of dwelling units shall be equal to one unit for each 1,300 square feet of lot area.

In order to serve the regionally underserved market of young families, young singles, and empty nesters as determined by the Village Board in the 2023 Comprehensive Plan, and with acknowledgment to the limited area available for recreation and the limited ability to provide on-site parking, the following limitations on the number of bedrooms are imposed:

Required minimum and maximum livable floor area. In order to prevent excessively small apartments, and in order to prevent the addition of so-called "dens," "offices" and "bonus rooms" for the purposes of avoiding limitations on the number of bedrooms, each proposed unit shall be limited in livable floor area as follows:

Refuse. An adequate means of collecting and storing refuse between collections shall be provided. Any outside storage of garbage shall be in centralized large containers designed to prevent rodent infestations and shall be screened.

Groundfloor use. No multifamily residential dwelling unit shall be permitted in any structure that does not contain a non-residential use authorized in the district occupying at least 80% of the ground floor. No story above the ground floor will exceed the floor area of the ground-floor story.

Analysis required. The developer shall submit an analysis evaluating the trade area, existing and potential future competition, tenant commitments, total retail space and an evaluation justifying the site for a shopping center. Preliminary data, including costs, showing off-site and on-site improvements and methods by which the buildings, utilities, parking, walkways, etc., will be maintained after opening shall also be submitted.

Parking. Parking shall be provided as required in Article XI. The site plan shall show vehicular entrance and exit points and traffic flows to and circulation within the site, as well as any outside treatment needed for turns or acceleration or deceleration lanes for entering and leaving the shopping center; truck entrance and exit points, including circulation within the site; and loading and unloading spaces and docks. The Planning Board may require a full traffic study to be undertaken by the applicant that will document the existing conditions in the immediate vicinity of and the area surrounding the proposed shopping center; and the on- and off-site improvements that will be undertaken to mitigate the impact of the new facility.

Design. Architectural plans shall be of such character as to promote innovative and imaginative building designs and techniques. The Planning Board shall consider the overall design and treatment of the shopping center, including building materials, walkways, landscaping (see Article VIII), signing (see Article X), lighting, refuse storage, cooling systems and interior features which may also include landscaping, lighting, signing and tenant spaces.

Public utilities. A shopping center shall be served by Village water and sewer systems.

Stormwater collection and control systems. No proposed development shall be approved if the anticipated peak stormwater runoff from the site after development exceeds the peak runoff of the site in an unimproved condition.[2]

Undergrounding of utilities. All power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by regulations of the governmental agency or utility company having jurisdiction.

Maintenance. The shopping center shall be maintained at all times in a clean and orderly condition. Landscaping shall be maintained in perpetuity in accordance with the approved landscaping plan submitted to and approved by the Planning Board. Snow shall be removed to an off-site location, or to a location as approved by the Planning Board. No snow shall be piled to obstruct site distances, or eliminate parking spaces. The responsibility for compliance shall lie with all parties having a lease or ownership interest in such use.

Definitions; special use permits.

Setbacks. No canopy shall be set back less than 15 feet from such right-of-way; and no gasoline pump or pump island shall be set back less than 20 feet from any such right-of-way.

Lighting. All lighting shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves of buildings and/or at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way.

Screening. When any such use is adjacent to a residential district or residential premises, a wall or fence eight feet in height or a double row of evergreens staggered eight feet on center with six feet distance between rows, initially six feet in height, but capable of reaching 10 feet in height within three years, shall be erected and maintained along such property lines, but such shall not be closer than six feet to any street right-of-way. All surfaces of walls or fences shall be finished, vine-covered or otherwise improved by the use of planting. The Planning Board may waive this requirement if it deems that other architectural or landscaping treatment, including the retention of existing natural features, is more in the public interest and is more protective of the adjacent property.

Dumpster enclosure. A dumpster enclosure must be provided in accordance with the specifications contained in § 200-34F. Discarded oil cans, tires, parts, etc., shall not be stored on any section of the site, except within the enclosed building. Additional enclosures for discarded tires, scrap parts, etc. may be required at the discretion of the Planning Board.

Outside operations. Operations outside the building shall be limited to the dispensing of gasoline, oil, water and tires; waxing; polishing; vacuuming; and the sale of minor items or parts.

Storage and display. All storage and display of merchandise and supplies, including candy, gum, soft drinks, coffee, cigarettes or other similar items, must be conducted within the building except that of automotive petroleum products and additives and supplies incidental to pump-island service, which may be displayed outdoors.

Inside operations. Any washing, steam-cleaning and machine-drying operations shall be conducted within the building.

Storage of vehicles. Areas devoted to the storage of vehicles and equipment shall be ample in size and well-screened and shall not encroach on any required yard area, and should be in compliance with all regulations and requirements under this chapter.

Landscaping. Landscaping shall meet the provisions of Article VIII, § 200-32, Trees and landscaping.

Parking and loading. Parking and loading shall be provided as required in Article XI.

Signs. Signs are permitted in accordance with Article X.

Maintenance. The premises shall be maintained at all times in a clean and orderly condition. The responsibility for compliance shall lie with all parties having a lease or ownership interest in such use.

Proximity requirements for motor vehicle repair and paint shop. No stations shall be located closer than 200 feet from a school, public recreation area, church, hospital or any other place of public assembly designed for the simultaneous use and occupancy by more than 100 persons. Said distance is to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises are located.

Supplementary requirements for motor vehicle repair and paint shop, and motor vehicle sales and service:

The maximum capacity of a car wash establishment shall be determined by dividing the length of the equipment line by 20 feet. Each establishment shall provide a parking or queuing area sufficient to accommodate six times the maximum capacity of the establishment. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment so situated as to be usable for the hand finishing of the washing process and which shall be no closer than 50 feet to any street right-of-way line.

All wash water shall be completely recirculated within the washing system and discharged according to New York State regulations.

Exit area shall be pitched back toward the discharge system and be maintained and kept free of ice and excess water.

As used in this section, the following term shall have the meaning provided:

All new and existing taxi business in the Village of Monroe must comply with Chapter 182, Taxicabs.

Parking. A parking space must be provided on site for each vehicle owned and operated by the taxi business. These parking spaces are in addition to the regular required parking requirements for such business. Under no circumstances shall taxis, cars for hire, livery, limousines or the like, be parked or stored overnight at any location in any district in the Village of Monroe other than at an approved taxi business site.

Maintenance. No maintenance or repair of vehicles is permitted on site. All vehicles must be registered and licensed. No junk vehicles or vehicle parts are permitted on-site.

Public necessity. These uses shall be subject to a finding that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.

Within residential districts. Public utility buildings and electrical substations are permitted in a residential district only when the location within such district is necessary for the furnishing of service to customers, and provided that no business offices, warehouses, construction or repair shops or garage facilities are included, and provided that the Planning Board approves such application in accordance with the provisions of this section and Article XV.

Fencing. The Planning Board may require that such use be enclosed by protective fencing with a gate, which shall be closed and locked, except when necessary for authorized personnel to obtain access thereto.

Harmony with surroundings. The installation shall be so designed, enclosed, painted and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.

Off-street parking. Adequate off-street parking areas shall exist or be provided for maintenance, service or other vehicles.

Interference with reception. In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception on adjoining property in the neighborhood.

Private nature. The privileges of any club shall be limited to bona fide regularly enrolled members and their guests. The club shall be operated solely for recreational, athletic, social, cultural or political purposes and not for pecuniary gain. It must be incorporated pursuant to the provisions of the Not-For-Profit Corporation, the Benevolent Order Laws of the State of New York, or other law of the State of New York.

Residential character. All structures shall be residential in character, in keeping with the style prevalent in the neighborhood, and shall have pitched roofs.

Use of an existing building. The Planning Board may permit the use of any existing building meeting the setback requirements of this chapter for club purposes, provided that the club meets all other standards and requirements of this chapter.

Parking. No permanent parking shall project closer to the street than the front wall of the principal building.

Lawn parking. The Planning Board may reduce the parking requirement, provided that the club facilities are so laid out that there are lawn areas that could accommodate temporary overflow parking.

Landscaping. The entire lot, except for areas covered by buildings, parking lots or loading areas, shall have a landscape plan approved by the Planning Board (in accordance with the provisions of § 200-32, Trees and landscaping) and be properly maintained.

Exterior lighting. Exterior lighting shall be restricted to that essential for the safety and convenience of the users of the premises or for the highlighting of a prominent architectural feature of the building; and the source of such illumination shall be shielded from the view of all surrounding streets and lots.

Public address systems. The Planning Board may permit the use of outdoor public address systems, provided that no more sound shall carry beyond the limits of the club site than would be inherent in the ordinary residential use of the property.

Outdoor entertainment. Outdoor entertainment, live or mechanical, shall be allowed only by special permit of the Village Board of Trustees, renewed annually.

Nuisance. No club shall be operated so as to create a nuisance to surrounding properties. The Planning Board may require such facilities as are required to protect neighbors from any nuisances or hazards which would be inherent in the operation of the club.

Caretaker. One dwelling unit may be located in the club house for the use of a caretaker and his/her family.

Food facilities. A snack bar and/or a dining room is allowed, provided that it is incidental to the activities of the club and is conducted for the benefit of the members thereof and their guests only, and, if applicable, has received and maintains Orange County Health Department approvals and permits.

Change of use. A conditional use approval shall be issued to a qualified organization for a specific use or purpose and for a maximum number of members or seating capacity, and a new approval shall be required for any change of organization, use or purpose or increase in maximum membership or seating capacity.

Connecting units. No more than two hotel/motel guest units shall be connected by interior doors.

Site area. There shall be at least two acres of lot area per hotel, and an additional 1,500 square feet shall be required for each hotel/motel guest unit beyond the first 75 units.

Room size. Each hotel or motel guest unit shall have an area of at least 300 square feet. Each hotel or motel guest unit shall have at least one bath facility with a shower and/or bath, one toilet facility and a sink.

Accessory uses. The following accessory uses shall be permitted:

Fire protection. All hotels and motels shall be equipped with sprinkler and fire alarm systems.

Minimum parking requirement. The Planning Board shall establish the minimum parking requirement in accordance with Article XI of this chapter, but in no event shall the minimum parking requirement for hotels be less than one parking space per hotel/motel guest unit plus one parking space for every 30 square feet of meeting and/or conference rooms and banquet facilities (assembly area exclusive of kitchen and service areas) over the first 750 square feet.

Residential character. All structures shall be residential in character, in keeping with the style prevalent in the neighborhood, and shall have pitched roofs.

Parking. No parking shall project closer to the street than the front wall of the principal building.

Exterior lighting. Exterior lighting shall be restricted to that essential for the safety and convenience of the users of the premises; and the source of such illumination shall be shielded from the view of all surrounding streets and lots.

Landscaping. The entire lot, except for areas covered by buildings, parking lots or loading areas, shall have a landscape plan approved by the Planning Board (in accordance with the provisions of § 200-32, Trees and landscaping) and be properly maintained.

Construction and public utilities. All structures shall be of fire-resistive construction, and all such uses shall be served by Village water and Village sewer.

Communicable diseases. Housing of patients suffering from communicable diseases (as defined by the Sanitary Code of the Public Health Council of the State of New York) shall not be permitted.

Definition. As used in this section, the following term shall have the meanings indicated:

General requirements.

Interpretation; higher standards to prevail. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.

Exterior lighting. Exterior lighting shall be restricted to that essential for the safety and convenience of the users of the premises; and the source of such illumination shall be shielded from the view of all surrounding streets and lots.

Landscaping. The entire lot, except for areas covered by buildings, parking lots or loading areas, shall have a landscape plan approved by the Planning Board (in accordance with the provisions of § 200-32, Trees and landscaping) and be properly maintained.

Public address systems. The Planning Board may permit the use of outdoor public address systems, provided that no more sound shall carry beyond the limits of the recreational facility site than would be inherent in the ordinary residential use of the property.

Outdoor entertainment. Outdoor entertainment, live or mechanical, shall be allowed only by special permit of the Village Board of Trustees, renewed annually.

Nuisance. No recreational facility shall be operated so as to create a nuisance to surrounding properties. The Planning Board may require such facilities as are required to protect neighbors from any nuisances or hazards which would be inherent in the operation of the facility.

Food facilities. A snack bar and/or a dining room is allowed, provided that it is incidental to the activities of the recreational nature of the facility.

Security. Provisions shall be made for sufficient security so as to prevent the use of the premises as a loitering place during hours of operation.[2]

There shall be no more than one day-care center per lot.

The limits of any outdoor play area or recreation area shall not extend closer than 20 feet to any residential property line.

All day-care centers shall have an active outdoor play area of 100 square feet per child.

Outdoor play areas shall be appropriately fenced or otherwise protected from roads and nearby properties.

Off-street parking and loading shall comply with the provisions Article XI.

The operator shall have a valid license from New York State.

The day-care center shall comply with all applicable conditions and limitations of the New York State Department of Social Services relating to the operation and licensing of day-care centers and shall have all required licenses and certificates.

Vehicular traffic movements and potential hazards to pedestrian safety. All drive-through aisles shall exit into a parking area, or to a location determined by the Planning Board.

Proposed signs, lighting, speaker noise where residential properties are located nearby, and landscaping.

Parking shall be adequate for the type of facility proposed, with three additional short-term spaces devoted specifically for pickup or order delays for each drive-up, drive-through, walk-up or pickup window or area inside or outside the building.

Public roads and internal drive aisles shall not be blocked by waiting drive-through traffic.

Parking areas and circulation drives shall be adequately separated and clearly defined by pavement markings and/or striping so as to avoid conflict between parked cars and waiting drive-through traffic.

Adequate stacking space will be provided for waiting drive-through vehicles such that these vehicles do not interfere with site vehicular or pedestrian circulation.[2]

Definitions. As used in this section, the following terms shall have the meaning indicated:

Bed-and-breakfast facilities. The Planning Board, in its consideration of bed-and-breakfast facilities, shall incorporate the special permit requirements of Article XII and shall require the following:

Residential gathering places.

A building containing a neighborhood place of worship shall comply with all applicable provisions of the zoning code of the Village of Monroe and all applicable fire and building codes of New York State.

A neighborhood place of worship may or may not include a one-family detached residential dwelling unit, but occupancy of the unit shall be limited to clergy and/or their families and for no other purpose and shall not exceed the size of what would be permitted by the FAR for the site, exclusive of the minimum lot area required for the community place of worship. The one-family detached dwelling shall also comply with the bulk regulations for the zoning district in which it is located.

For neighborhood places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory facilities and functions, such as classrooms, social halls, administrative offices, bath and shower facilities, gymnasiums and indoor recreation facilities, may be provided, however, such facilities and functions individually shall not exceed 20% of the building's gross floor area, and in aggregate shall not exceed 50% of the building's gross floor area. A social hall for use by congregants following services, located in a basement, may exceed the accessory facilities limitation above in the event that it is not used concurrently with the primary worship space, but in no event shall it exceed the area of the primary worship space. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A school of general instruction established at the site of a neighborhood place of worship shall not be considered as accessory to the neighborhood place of worship, but rather as an additional principal use. Where a school of general instruction and a neighborhood place of worship are located on the same lot, the cumulative minimum lot area of each principal use shall be satisfied.

For the purpose of calculating the parking requirement pursuant to Article XI, the number of attendees shall be the larger of the total floor area of the largest continuous assembly area (including mezzanine areas, aisles, altars, and ritual areas) divided by 15, or the total interior floor area of the structure divided by 50. Where the Planning Board finds that the full parking requirement is likely in excess of what is necessary to accommodate the anticipated participants of the residential gathering place, the Planning Board may allow up to 25% of the parking spaces be provided as "reserve parking" in an area that must be graded, sodded and maintained as lawn, but is not to be surfaced or otherwise developed for parking use until such time that that use is required as determined by reconsideration by the Planning Board of the minimum required off-street parking spaces.

A drop-off or porte cochere may be permitted between the front of the structure and any street line on which the lot fronts, provided it is not located within the required front yard.

To maintain the character of the use as a neighborhood place of worship, attendance at any services, wedding receptions or other social or religious functions for congregants held at the neighborhood place of worship shall be limited in occupancy to the available on-site parking.

Signs. Signs shall be permitted for neighborhood places of worship in accordance with Article X, Signs.

Where proposed in an SR-20, SR-10, UR-W or UR-M zoning district, no cooking facilities will be permitted, other than warming kitchen equipment for use by the clergy and/or congregants of the neighborhood place of worship and any kitchen equipment for exclusive use of residents of a residential dwelling unit, if present on the property. No kitchen equipment designed for large scale food preparation shall be permitted.

A narrative summary shall be submitted, providing the anticipated number of congregants, square footage of the sanctuary and other dedicated spaces, days and hours of services, and number of parking spaces provided.

Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to grant a one-time waiver of any bulk provision for neighborhood places of worship herein up to 3%, for good cause shown. Variances greater than 3% shall be referred to the Zoning Board of Appeals.

A building containing a community place of worship shall comply with all applicable provisions of the zoning code of the Village of Monroe and all applicable fire and building codes of New York State.

A drop-off or porte cochere may be permitted between the principal structure and any designated street line on which the lot fronts, provided it is not located within the required front yard.

A community place of worship may or may not include a one-family detached residential dwelling unit, but occupancy of the unit shall be limited to clergy and/or their families and for no other purpose and shall not exceed the size of what would be permitted by the FAR for the site, exclusive of the minimum lot area required for the community place of worship. The one-family detached dwelling shall also comply with the bulk regulations for the zoning district in which it is located.

For community places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory facilities and functions such as religious schools, social halls, administrative offices and indoor recreation facilities may be provided, so long as such facilities and functions shall be subordinate in aggregate to the size and function of the community place of worship. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A school of general instruction, as defined in § 200-5, Definitions, established at the site of a community place of worship shall not be considered as accessory to the community place of worship, but rather as an additional principal use. Where a school of general instruction and a community place of worship are located on the same lot, the cumulative minimum lot area of each principal use shall be satisfied.

For the purpose of calculating the parking requirement pursuant to Article XI, the number of attendees shall be the larger of the total floor area of the largest continuous assembly area (including mezzanine areas, aisles, altars, and ritual areas) divided by 15, or the total interior floor area of the structure divided by 50. Where the Planning Board finds that the full parking requirement is likely in excess of what is necessary to accommodate the anticipated participants of the residential gathering place, the Planning Board may allow up to 25% of the parking spaces be provided as "reserve parking" in an area that must be graded, sodded and maintained as lawn, but is not to be surfaced or otherwise developed for parking use until such time that that use is required as determined by reconsideration by the Planning Board of the minimum required off-street parking spaces.

Attendance at any services, wedding receptions or other social or religious functions held at the community place of worship shall be limited to the capacity of the community place of worship as determined by the applicable building codes of New York State, as well as the available on-site parking. If the community place of worship intends to hold large scale events, the parking demand for same shall be determined at the time of site plan review. The applicant may use designated off-site parking areas, provided a fully executed written agreement between the applicant and one or more providers of a location for off-site parking is submitted, and remains in effect for the life of the use. Such events demanding parking in excess of the available on-site shall require a parking management plan (PMP) to be submitted for approval by the Planning Board as part of the application establishing a community place of worship, pursuant to the requirements set forth below. The PMP shall be used to address parking demand during the maximum projected attendance at the maximum building capacity, for holy days or other large, planned events for the particular place of worship making the application. Such PMP shall be provided to the Monroe Police Department, the applicable fire department and the office of the Monroe Village Clerk. If a PMP is required as part of the special permit process, the applicant shall address the following:

Signs. Signs shall be permitted for community places of worship in accordance with Article X.

Kitchen equipment designed for large-scale food preparation shall be permitted, in compliance with all plumbing, electrical, fire, health and safety codes. Such equipment shall be utilized only for the preparation of foods to be served on site and not for off-site catering.

A narrative summary shall be submitted, providing the anticipated number of congregants, square footage of the sanctuary and other dedicated spaces, days and hours of services, and number of parking spaces provided.

Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to grant a one-time waiver of any bulk provision for community places of worship herein up to 3%, for good cause shown. Variances greater than 3% shall be referred to the Zoning Board of Appeals.

School of general instruction.