Monroe City Zoning Code
ARTICLE XII
Special Use Permit Procedures and Regulations 1
§ 200-48 Uses requiring special permits.
[Amended 8-18-2009 by L.L. No. 3-2009; 6-13-2017 by L.L. No. 5-2017]
All uses listed in the Table of District Uses and Bulk Requirements[1] or elsewhere in this chapter as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform but not be limited to the following general requirements as well as the pertinent specific requirements.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
§ 200-48.1 Special uses deemed permitted.
[Amended 6-13-2017 by L.L. No. 5-2017]
Upon issuance of a special permit, the special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements as set forth in this chapter.
§ 200-48.2 Required findings for special permits.
[Added 6-13-2017 by L.L. No. 5-2017]
The Planning Board may approve the special use permit application, provided that it finds that all of the following conditions and standards have been met:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
The property will be suitably landscaped to protect the neighborhood and adjacent property.
§ 200-48.3 Conditions and safeguards; temporary permits.
[Added 6-13-2017 by L.L. No. 5-2017]
The Planning Board shall attach such conditions and safeguards to the special use permit as are necessary to assure continual conformance to all applicable standards and requirements, and the Planning Board may attach such other conditions and safeguards as it believes to be required or considers appropriate. When the circumstances warrant, the Planning Board may issue temporary permits for a period not to exceed five years, subject to adequate guaranties that such use shall be terminated at the end of the term specified or such extension thereof as may be granted by the Planning Board.
§ 200-48.4 Expiration of special permits.
[Added 6-13-2017 by L.L. No. 5-2017]
A.
Term of permit; extensions.
(1)
A special use permit shall be deemed to authorize only the particular use or uses specified in the permit and, unless other provisions are set forth by the Planning Board in connection with its issuance of that permit. A special use permit shall expire if work is not initiated pursuant thereto within one year of issuance.
(2)
The Planning Board may, upon a finding that the applicant is proceeding with the project with due diligence and has offered a reasonable explanation of its inability to commence and/or complete the project, grant one or more six-month extensions of the special use permit approval subject to such conditions as the Planning Board determines are appropriate. The granting of extensions under this section shall not require a public hearing, but may require updates of any material previously submitted. Prior to the grant of any extensions pursuant to this section, the applicant shall deposit with the Village such additional escrow monies for professional consultation services as may be deemed necessary by the Planning Board.
B.
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.
§ 200-49 Accessory apartments. [1]
[Amended 6-13-2017 by L.L. No. 4-2017]
It is the specific purpose and intent to allow one accessory apartment within single-family detached residential structures or in an accessory structure such as a garage or other detached building on a lot containing a single-family residence in order to provide the opportunity and encouragement for the development of small, rental housing units designed, in particular, to meet the special housing needs of single persons and couples. It is the further purpose and intent of this provision to allow the more efficient use of the Village's existing housing stock, to provide economic support for existing resident families of limited income, and to preserve and protect property values. An accessory apartment shall be permitted in SR-10 and SR-20 Zoning Districts only. The following specific standards are set forth for such accessory uses:
A.
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.
B.
There shall be no more than one accessory apartment per existing single-family detached dwelling on a lot.
D.
Proof that adequate water supply and sewage disposal facilities are available.
E.
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.
F.
The owner of the property shall reside on the premises (either in the main portion of the house or in the accessory apartment).
G.
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.
H.
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.
I.
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.
J.
A detailed floor plan drawn to scale, showing proposed changes to the building, shall be submitted along with the application for special use authorization.
K.
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.
L.
Purchasers of homes that have special use authorization for accessory apartments who want to continue renting those apartments must reapply for special use authorization.
§ 200-49.1 Townhouses or row houses. [1]
The purpose of this section is to provide the opportunity for an affordable, attractive alternative to the conventional, single-family detached dwelling.
A.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
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:
(1)
Lands presently utilized by public utilities or structures, rights-of-way, easements and streets.
(2)
Water bodies, wetlands, marsh areas, streams, floodplains, stormwater retention areas and alluvial and organic soils, as defined herein as "environmentally sensitive areas."
(3)
Slopes equal to or greater than 20%.
D.
Public utilities. The site shall be served by Village water and sewer systems.
E.
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.
G.
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.
(1)
A maximum of six dwelling units shall be allowed in each row of houses. When an end unit of a townhouse or row house does not side on a street, an open space or court of at least 30 feet in width shall be provided between it and the closest wall of the adjacent row of houses. This open space may be divided between the two immediately adjacent townhouse or row house lots as to property or lot lines.
[Amended 6-13-2017 by L.L. No. 5-2017]
(2)
Where townhouses or row houses are designed to face upon an open or common court rather than upon a street, this open court shall be a minimum of 40 feet in width, and said court shall not include vehicular drives or parking areas.
(3)
Townhouses or row houses shall be constructed up to side lot lines without side yards, and no windows, doors or other openings shall face a side lot line, except that the outside wall of end units may contain such openings. Where a two-story unit adjoins a single story unit, windows may be installed in the second story of the two-story townhouse or row house.
(4)
Fences are not permitted in any front, rear and side yards. Privacy screens integrated in color and material with the exterior surfacing of the building may extend outward from the building a maximum distance of 10 feet, partially enclosing an outdoor living area. Together with the building wall, such privacy screens may enclose only three of the four sides of the outdoor living area, keeping the fourth side open to common open space. Restrictive covenants, deed restrictions or any other form of restrictions acceptable to the Village Attorney shall be used to set conditions relative to fences, screens and outdoor living areas and the furnishings that may seasonally occupy such spaces.
(5)
Garden and tool sheds and any other forms of accessory structures are not permitted, except that detached group garages, either enclosed or semienclosed, with or without integrated enclosed storage areas, shall be allowed, and plans for such shall be shown on the site plan. The Planning Board may set conditions as to the location, type and design of such detached group garages and may require restrictive covenants, deed restrictions or any other form of restrictions acceptable to the Village Attorney for said uses.
(6)
An adequate means of storing refuse shall be provided. Centralized storage areas, in large containers, screened where necessary, may be used for developments where lots are not owned individually.
H.
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.
J.
Signs. Signs are permitted in accordance with Article X, Signs.
[Amended 6-13-2017 by L.L. No. 5-2017]
K.
Conservation areas.
(1)
General. Conservation areas may include wetland areas, floodplains, steep slopes or other open space areas having meaningful scenic, ecological, environmental and/or recreational characteristics, with such access, shape, size and location as determined appropriate by the Planning Board to satisfy the intended purpose, but shall not include parking areas or roads.
(2)
Continued preservation. The permanent preservation of such open space areas shall be legally assured to the satisfaction of the Planning Board and Village Attorney, by the filing of appropriate covenants, deed restrictions, easements or other agreements, unless:
(a)
The Village Board of Trustees agrees in its discretion to accept the dedication of all or any part of such areas; or unless
(b)
All or part of such areas is to be transferred to a conservation organization which is dedicated to the permanent preservation of open spaces and is approved by the Village Board of Trustees.
(3)
Ownership of conserved land areas. The ownership of conserved land areas shall be divided equally or proportionately among all owners of building lots or units within the development, except where all or an appropriate portion of the conserved land area is deeded to a recognized conservation organization dedicated to the preservation of open space and such dedication is acceptable to the conservation organization and the Planning Board or offered for dedication to the Village of Monroe and the Village Board of Trustees has voted to accept such offer. Except in those cases where the ownership of the conserved land areas is to be vested in the Village or an approved conservation organization, the developer shall execute and file with the Village Board of Trustees such documents as will be sufficient to create a home or property owners association responsible for the conserved land areas in accordance with the requirements of Subsection M below.
L.
Organization. A townhouse development shall be organized as one of the following:
(1)
A homeowners' or property owners' association approved by the Village Board of Trustees, upon recommendation of the Village Attorney and the New York State Attorney General.
(2)
An organization akin to a condominium or a cooperative approved by the New York State Attorney General and the Village Board of Trustees.
(3)
A funded community trust approved by the Village Board of Trustees, upon recommendation of the Village Attorney.
(4)
A special multipurpose taxing district approved by the Village Board of Trustees, upon recommendation of the Village Attorney.
M.
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:
(1)
The association shall be established as an incorporated, not-for-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically subject to a charge for a proportionate share of the expenses for the organization's activities.
(2)
Title to all common property shall be placed in the association or definite and acceptable assurance shall be given that it automatically will be so placed when 50% of the units are sold; said common property to be subject to a development easement granted to the Village for the purpose of guaranteeing its perpetuity as open space.
(3)
Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.
(4)
Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the association.
(5)
Dedication of all common areas shall be recorded directly on the subdivision plat or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
(a)
Save the title to the common property to the association free of any cloud of implied public dedication;
(b)
Commit the developer to convey the areas to the association at an approved time;
(c)
Grant easements of enjoyment over the area to dwelling unit/lot owners; and
(d)
Give to it the right to suspend membership rights for nonpayments of assessments or infractions of published rules.
(6)
Covenants shall be established, limiting all dwelling units to single-family use and all common lands to open space uses. No structures may be erected on such common lands, except as approved by the Planning Board in accordance with the provisions of Article XV of this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
Each deed to each dwelling unit/lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions (including assessments and the provision for liens for nonpayment of such).
(8)
The association shall be perpetual; purchase insurance; pay taxes; specify in its charter and bylaws an annual homeowners' fee; provide for assessments; and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.
[Amended 6-13-2017 by L.L. No. 5-2017]
(9)
The developer shall assume all responsibilities as previously outlined for the association until a majority of the dwelling sites are sold, at which time the association shall be operated by an elected Board of Directors whose members shall come from the association.
(10)
As a condition of site plan approval, the developer shall file with the Village Board of Trustees a performance bond (or cash equivalent to the cost of completion) to ensure the proper installation of all recreation and park improvements shown on the site plan, and a maintenance bond for all common land until the association is established. The amount and period of said bonds shall be determined by the Planning Board, and their form, sufficiency, manner of execution and surety shall be approved by the Village Board of Trustees upon recommendation of the Village Attorney.
(11)
Adjustment of assessments. The association shall have the power to adjust assessments to meet changing needs.
(12)
Recourse. In the event that the maintenance, preservation and/or use of the conserved land area(s) ceases to be in compliance with any of the above requirements or any other requirements specified by the Planning Board when approving the subdivision plat, the Village shall be granted the right to take all necessary action to assure such compliance and to assess against the association and/or each individual property owner within the development all costs incurred by the Village for such purposes.
(13)
Permitted uses in conservation areas.
(a)
Except where otherwise approved by the Planning Board, conserved land areas shall be preserved in their natural state, and the use of such areas shall be limited to appropriate conservation, open space, and recreation purposes as determined by the Planning Board. A portion of the conserved land area(s) may be designated "active recreation area" on the plat, in a location approved by the Planning Board. Such active recreation area shall not exceed 10% of the total area of the proposed plat.
(b)
Within such active recreation area, structures and facilities for active recreational purposes, including playground equipment, swimming pools, tennis courts, and so forth may be constructed and operated for the use of the property owners in the related development and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities; or the proposed establishment of such new structures and facilities not shown on the filed plat shall be subject to site plan approval procedures as set forth in Article XV of this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
§ 200-49.2 Multifamily residential. [1]
The purpose of this section is to provide the opportunity for the creation of multifamily units designed to serve the present and future housing needs of those persons living and working in the Village of Monroe, including both elderly and young households, families of moderate income, small families and other households who may need or desire, for whatever reason, to live in multifamily housing.
A.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
Method for determining allowable number.
(1)
The maximum number of dwelling units shall be determined on the basis of the number of bedrooms in each unit after subtracting the following restricted areas from the gross area:
(a)
Lands presently utilized by public utilities or structures, rights-of-way, easements and streets.
(b)
Water bodies, wetlands, marsh areas, streams, floodplains, stormwater retention areas and alluvial and organic soils (as determined by the Planning Board's authority).
(c)
Slopes equal to or greater than 20%.
(2)
After deducting the above listed restricted land areas, the maximum number of dwelling units permitted shall be derived from the Table of District Uses and Bulk Requirements.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
[2]
Editor's Note: Said tables are included as attachments to this chapter.
D.
Public utilities. The site shall be served by Village water and sewer systems.
E.
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].
G.
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.
[Amended 7-6-1999 by L.L. No. 3-1999]
H.
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.
J.
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]
K.
Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact.
L.
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.
M.
Signs. Signs are permitted in accordance with Article X, Signs.
[Amended 6-13-2017 by L.L. No. 5-2017]
N.
Conversion of an existing dwelling. An existing dwelling may be converted to two-family or multifamily use in districts where permitted, provided that:[5]
[Added 6-13-2017 by L.L. No. 4-2017]
(1)
Conversions of dwellings erected prior to the enactment of this chapter to more intensive residential use shall be governed only by the requirements as to lot area per dwelling, livable floor area and off-street parking.
(2)
The maximum number of multifamily dwelling units that may be permitted in any conversion shall be as set forth in the Table of District Uses and Bulk Requirements.[6]
[6]
Editor's Note: Said tables are included as attachments to this chapter.
(3)
The exterior of any dwelling to be converted to two-family or multifamily use shall not be enlarged, extended or altered, except as required for compliance with the New York State Multiple Dwelling Law. Any dwelling to be converted to two-family or multifamily will retain the appearance of a single-family dwelling, including but not limited to having one front door.
(4)
Owners of residential structures that have been converted to multifamily dwellings prior to the effective date of this chapter and without a building permit shall have six months from the effective date of this chapter to apply for and receive a certificate of occupancy or else be subject to prosecution for violation of the Building Codes and this chapter.
[5]
Editor's Note: L.L. No. 5-2017, adopted 6-13-2017, redesignated former Subsection P as Subsection N.
O.
Senior citizen affordable housing - existing development.[7]
[Added 12-2-1997 by L.L. No. 2-1997]
(1)
It shall be the duty of the owner or his agent to file a certification with the Building Inspector indicating compliance with this subsection's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year. Failure to file certification as required shall be deemed a violation of this subsection subject to penalties set forth herein.
(2)
No dwelling unit shall contain more than one bedroom.
(3)
The occupancy of senior citizen affordable housing shall be limited to two persons who qualify as senior citizens under present, future or amended definitions of the governmental agency providing subsidiary or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to the families, the head of which so qualifies. The occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen, shall be permitted if it is established that the presence of such person is essential for physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 60 years.
(4)
Within the senior citizen affordable housing, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms or workshops, to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be approved by the Planning Board. Approval of a conditional use and site development plan for dwelling units in a senior citizen affordable housing development in no way constitutes approval for installation of any type of related activity.[8]
[8]
Editor's Note: Former Subsection O(5) through (14), which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017. Said local law also renumbered former Subsection O(15) as Subsection O(5).
§ 200-49.3 New senior citizen affordable housing. [1]
[Added 12-7-2010 by L.L. No. 2-2010]
A.
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.
B.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
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.
(1)
Senior citizen detached single- or two-family dwelling units may be allowed in any district at up to a maximum density level of four buildings, either one- or two-family detached from other buildings, per acre.
(2)
Senior citizen multiple-dwelling units may be permitted in any district and may have up to the following density levels:
(a)
For one-bedroom units: 20 units per acre.
[Amended 6-13-2017 by L.L. No. 5-2017]
(b)
For two-bedroom units: 15 units per acre.
[Amended 6-13-2017 by L.L. No. 5-2017]
(c)
Units with more than two bedrooms or any combination of more than two rooms which are not a living room, bathroom, dining room or kitchen are not permitted.
(d)
The final density permitted for construction shall be established by the Planning Board as part of the detailed review and approval of the project. In no event shall the final density exceed the maximum density established by the Village Board.
D.
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:
(1)
The adult is the spouse of a person 55 years of age or older; or
(2)
The adult's presence is essential for the physical care of a person 55 years of age or older; or
(3)
The children are residing with their parent, parents or legal guardians where their parent, parents or legal guardians are 55 years of age or older, and the minors residing therein are under a documented physical or other disability and cannot care for themselves.
(4)
Children or grandchildren residing in the premises under the provisions of Subsection D(2) or (3) above shall have a ninety-day holdover period commencing upon the death of the person 55 years of age or older whose residency in the unit authorized the residency of such child, children or grandchild.
E.
Application procedure.
(1)
An applicant seeking authority to proceed with a senior citizen housing proposal shall initially submit an application to the Planning Board of the Village in such form as the Planning Board may from time to time adopt. Such application shall at a minimum include a conceptual site plan for the proposed project and a narrative outlining both the proposed project and the applicant's criteria for its determination of the need for its proposed project. The narrative and/or conceptual site plan shall show proposed or existing walkways to nearby commercial centers, services and transit stops, if any.
(2)
Prior to referral of the applicant to the Village Board, the Planning Board may request such supplemental information that it deems necessary to include in its transmittal to the Village Board.
(3)
Upon the Planning Board's receipt of all requested information or upon notice from the applicant that it has elected to provide no further information, the Planning Board shall forward the application to the Village Board for its review. In its sole discretion the Planning Board may recommend for or against approval of the applicant's request or may simply forward the application without recommendation. The transmittal of the application shall be deemed to be an administrative act of the Planning Board and not an action of approval or disapproval.
(4)
The Village Board shall receive referrals from the Planning Board at its regularly scheduled meetings and shall schedule an appearance by the applicant within 45 days of receipt of such referral.
(5)
Within 45 days of the applicant's appearance before the Village Board or such later time as the applicant and the Village Board shall agree, the Village Board shall either return the application to the Planning Board for review under such guidelines as the Village Board deems advisable within the parameters set forth above or, failing such referral, the application shall be deemed rejected.
(6)
Any application returned to the Planning Board with Village Board authority to process the application as a senior citizen housing proposal shall thereafter be processed by the Planning Board under the same procedures as all other applications made to that Board. Authority given by the Village Board to process the application shall in no way be deemed to be an approval of the project but simply the authority for the Planning Board to review the project with the ability to modify the provisions of the Village Zoning Law as set forth in this section and to make such modifications, if any, that the Planning Board in its sole discretion deems appropriate. In its review, the Planning Board shall consider the adequacy of recreation, open space, a system of drives, service access roads and walks and adequate lighting; all to the extent deemed reasonable for the site based upon size and location.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
Requirements and general directions to be followed by the Planning Board are as follows:
(a)
Any application shall consist of a parcel of land at least one acre in size.
(b)
Any proposed structure to be constructed on a site bordering existing single-family detached residential dwellings shall be located at a minimum distance of twice the height of the proposed structure from the nearest existing single-family detached residential dwelling unless the project sponsor obtains the written consent of the owner (in form required for recording) of such bordering residential property for a lesser distance.
(c)
For projects proposed to be located in or immediately adjacent to residential zones, the Planning Board shall encourage a front yard setback that is consistent with the streetscape of existing residences fronting on the same street as the proposed project.
(d)
When determining off-street parking, pedestrian walkways to commercial centers and public transportation stops may be considered.
(e)
When determining interior roadways and parking, adequate unloading/pick-up areas may be required if driveways to or between units are not provided.
(f)
No approval shall be granted under this section without a public hearing. Notification procedures for public hearings shall be in accordance with § 200-72E(4)(b). Notification for public hearings within this section shall be to the owners of all properties abutting that property held by the applicant and all other owners within 500 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application as the names of said owners appear on the last completed tax assessment roll of the Village. In the case of a condominium project located within 500 feet of the property, a single notice with proof of receipt may be given to the board of managers of said condominium. Proof of the giving of the required notice shall be required before the public hearing may be opened.
[Amended 5-1-2012 by L.L. No. 2-2012; 6-13-2017 by L.L. No. 5-2017]
F.
Assurances for senior citizen housing projects.
(1)
Legal assurances. Each application for a proposed senior citizen development shall be accompanied by appropriate undertakings, deed restrictions, easements and the like, in form and content satisfactory to the Village Attorney, as may be necessary to provide for and assure continued proper future maintenance and ownership responsibilities for all common areas, facilities and utilities within each stage of development or section thereof.
(2)
Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals from the appropriate village, town, county or state agencies having jurisdiction thereof.
(3)
Performance bond. The applicant may be required to post a performance bond in an amount sufficient in the opinion of the Village Board and in favor of the Village in the form of a cash payment, surety bond or letter of credit to assure that all ancillary facilities, utilities and common areas shown on the proposed site plan are provided, together with provision for their future maintenance and care. Said performance bond shall be in form satisfactory to the Village Board after consultation with the Village Attorney and shall extend for a term of not less than five years after full completion as determined by the Village Board.
(4)
The applicant shall provide assurances to the Planning Board of an adequate availability of public central water and central sewer services.
(5)
The applicant proposing an affordable or senior citizen housing development shall assure the Village Board with the necessary market analysis and documentation to the satisfaction of the Village Board that there is an identifiable need for the project proposed.
(6)
Any proposed senior citizen housing project that receives a final plan approval from the Village Planning Board shall not be entitled to commence work at the proposed site until the applicant has provided to the Village Board in a form acceptable to the Village Attorney the procedure to confirm compliance with the occupancy requirements set forth in Subsection D above as well as the requirements of this section.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
[2]
Editor's Note: Former Subsection G, Effective date, which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017.
§ 200-49.4 Mobile homes. [1]
Except as provided herein, the storage or use of mobile homes in the Village of Monroe is prohibited.
A.
Use as temporary residence.
(1)
Temporary certificate of occupancy. Where a building permit has been issued for the erection, alteration or extension of a single-family residential building, the Building Inspector may issue a temporary certificate of occupancy for one mobile home for a period not to exceed six months. Said temporary certificate of occupancy may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said mobile home may be occupied during the term of the temporary certificate of occupancy and must be situated upon the lot for which the building permit has been issued. Prior to the issuance of the temporary certificate of occupancy by the Building Inspector and the location of said mobile home on the lot, the matter shall be subject to Planning Board approval. Said Board may attach to the approval whatever conditions it deems necessary to carry out the intent of this chapter.
(2)
The fee for a temporary certificate of occupancy for a mobile home shall be set by the Village Board. In the event that the mobile home is not removed from the premises by the expiration date of the temporary certificate of occupancy, there shall be a fine levied against the owner in an amount per month as set in the fee schedule for as long as the situation continues.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Mobile home court permit.
(1)
Requirement. No person, firm or corporation shall own or operate a mobile home court without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this chapter.
(2)
Authorization and approval of plans by the Planning Board. A mobile home court shall be allowed only upon authorization and approval of plan by the Planning Board, and only in those zoning districts where such use is permitted.
(3)
Nontransferability. Mobile home court permits shall not be transferable or assignable.
(4)
Procedure. Application for a mobile home court permit shall be filed with the Building Inspector, who shall submit the same to the Planning Board for appropriate action. After proper review under the terms of Article XV, Site Plan and Special Permit Review and Approval, and Subsection C of this section, the Planning Board may grant authorization and approval of plans. Following such authorization, the Building Inspector shall issue a permit for a mobile home court upon receipt of the required fee. The permit shall be for the authorization to operate the mobile home court for a period of one year with renewal provisions as set forth in Subsection H of this section.
[Amended 6-13-2017 by L.L. No. 5-2017]
(5)
Application. Application for a mobile home court permit shall be made in triplicate on forms to be provided by the Building Inspector, shall be signed by the applicant and shall state:
(6)
Site plan. Each application shall be accompanied by a site plan drawn to scale by a legally qualified surveyor, engineer or architect, said plan to include the following information:
(a)
Location of the proposed mobile home court, showing the boundaries and measurements of the premises.
(b)
Location and number of mobile homes to be situated therein.
(c)
Means of egress and ingress to all public roads.
(d)
Watercourses and drainage ditches.
(e)
Internal roads and off-street parking facilities.
(f)
Water supply and sewage disposal facilities.
(g)
Location of fire extinguishers.
(h)
Location, nature and extent of fences and screening.
(i)
Location of outdoor lights, signs and other structures.
(j)
Names of owners of adjoining properties.
C.
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:
(1)
No mobile home court shall adjoin or be closer than 1,000 feet to any existing mobile home court.
(2)
The site shall be well drained and have such grades and soil as to make it suitable for the purpose intended.
(3)
Central sewage disposal and water supply systems shall have the approval of the Orange County Department of Health and/or similar municipal approval, whichever is more restrictive; and each mobile home site shall be suitably connected to these systems.
(4)
Garbage shall be collected once every day, and a waste collection station shall be provided for every 20 mobile home sites. No such collection station shall be farther than 300 feet from the site so served. Waste collection stations shall be emptied at least three times each week.
(5)
The outside burning of garbage, trash or rubbish is prohibited.
(6)
A mobile home court shall have at least 100 feet of frontage on an improved public (state, county or Village) road. No individual mobile home shall have frontage or direct access to a public road.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
The mobile home court site shall be designed with all mobile home lots fronting on loop or cul-de-sac streets, no more than 10 lots fronting on each such non-through-traffic street.
(8)
Access to a mobile home court and circulation within shall be by roads paved with asphalt concrete, as approved by the Planning Board, and shall be kept in good repair. Roadways shall be at least 30 feet wide. Two exits to each mobile home court shall be provided, at least 125 feet apart. The Planning Board shall require a bond for the construction of said roads.
(9)
Of the two off-street parking spaces required for each mobile home site, one such space shall be adjacent to or within each mobile home lot; the second may be contained within one or more group parking areas.
(10)
All means of ingress and egress, drives, lanes and public spaces shall be adequately lighted. Exits, entrances, drives and lanes shall have a least one shielded 50 watt bulb for each 50 feet of drive.
(11)
Each mobile home site without a basement shall be provided with a four-inch concrete slab at least 10 feet by 18 feet in size, placed on a stable surface, for use as a terrace, and so located as to be adjacent and parallel to the mobile home. The base of each mobile home shall be enclosed. Each mobile home lot shall contain an underground electrical outlet and weatherproof service connection to which the electrical system of the mobile home can be connected.
(12)
A fire alarm box or public telephone shall be provided for each mobile home park, and fire extinguishers, approved by the local fire district officers, shall be furnished so that no mobile home shall be more distant than 150 feet from such extinguisher.
(13)
One public telephone shall be provided for each mobile home court.
(14)
All mobile home courts shall be screened from the view of adjacent properties and public streets by peripheral landscaping containing hedges, evergreens, shrubbery, fencing or other suitable screening, as approved by the Planning Board and deemed appropriate for the purpose.
(15)
All open portions of the site shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover; or by paving with asphaltic, concrete, rock or by other suitable material as shall be approved by the Planning Board.
(16)
Required front yard areas shall be planted and maintained in such a manner as to provide a park-like setting for all buildings.
D.
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.
E.
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.
F.
Revocation of permit.
(1)
If the Building Inspector or any other authorized agent of the Village of Monroe finds that any mobile home court is not conducted in accordance with the provisions of this chapter, such person shall serve an order, in writing, upon the holder of the mobile home court permit or the person in charge of said court directing that the conditions therein specified be remedied within 10 days after the date of service of such order.
(2)
If such conditions are not corrected by the close of said ten-day period, said conditions shall constitute a violation of this chapter.
H.
Renewal applications.
(1)
Renewal applications shall be filed with the Building Inspector before the first day of December next preceding the expiration of the original permit.
(2)
Upon approval of the Building Inspector or Planning Board, as the case may be, and payment of the required annual fee, a renewal permit shall be issued.
(3)
Prior to the issuance of a renewal permit, the Building Inspector shall inspect the mobile home court premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.
(4)
After issuance of the permit, the same shall be valid until the end of the calendar year and shall be renewable annually.
I.
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.
§ 200-49.5 Mixed-use multifamily above commercial.
[Added 9-14-2023 by L.L. No. 15-2023]
A.
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.
B.
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.
C.
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:
(1)
All units proposed within the building will average no more than 1.5 bedrooms per unit.
(2)
No more than 20% of units shall contain three bedrooms.
(3)
No unit containing more than one bedroom shall be located above the second story unless an elevator is provided.
(4)
No unit shall contain more than three bedrooms.
D.
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:
E.
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.
F.
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.
§ 200-50 Shopping centers; neighborhood shopping centers. [1]
The purpose of this section is to provide the opportunity for shopping centers to be built with appropriate standards, innovative site layout and architecture and in a way that would not adversely affect the neighborhood or nearby area.
A.
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.
B.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Public utilities. A shopping center shall be served by Village water and sewer systems.
E.
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]
[2]
Editor's Note: Former Subsection E(2), regarding criteria for design, which followed this sentence [that appeared as Subsection E(1)], was repealed 11-20-2007 by L.L. No. 6-2007.
F.
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.
G.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
§ 200-51 Motor vehicle/car wash regulations. [1]
The purpose of this section is to permit automotive- and vehicle-oriented uses, including appropriate associated uses, in a manner consistent with reasonable standards, innovative site layouts and architecture and in a way that will not adversely affect the neighborhood or nearby area.
A.
Definitions; special use permits.
[Added 6-13-2017 by L.L. No. 5-2017[2]]
(1) CAR WASH MOTOR VEHICLE FUEL-DISPENSING STATION MOTOR VEHICLE REPAIR AND PAINT SHOP MOTOR VEHICLE SALES
Definitions. As used in this section, the following terms shall have the meaning indicated:
A facility for washing standard passenger vehicles. Such facility may include related services, including vending machines, pet wash facilities and vacuum and carpet-shampooing kiosks.
An area of land, including structures thereon, or any building or part thereof, that is used for the sale of motor fuel or motor vehicle accessories, and which may include food or beverage sales without wait staff.
A facility arranged, intended, or designed for making repairs to motor vehicles and their mechanical systems, including painting and collision services.
Any area of land, including any structures thereon, for which its principal use is the display or sale of new and/or used automobiles, motorcycles, trucks, cargo trailers or recreational vehicles or other vehicles in condition for road use upon registration and current inspection.
(2)
The following shall be permitted by special use permit in the GB District:
GB District - Special Use Permit | Permitted Accessory Uses | |
|---|---|---|
Car wash | Convenience store | |
Motor vehicle fuel-dispensing station | Convenience store, car wash | |
Motor vehicle repair and paint shop | Gasoline sales, convenience store, towing, rental, motor vehicle sales, car wash | |
Motor vehicle sales | Rental, repair, service, towing, car wash |
[2]
Editor's Note: As directed by the Town, the addition of this subsection preceding existing material effectively renumbered the subsections that follow.
B.
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.
C.
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.
D.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
F.
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.
G.
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.
H.
Inside operations. Any washing, steam-cleaning and machine-drying operations shall be conducted within the building.
I.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
K.
Parking and loading. Parking and loading shall be provided as required in Article XI.
[Amended 6-13-2017 by L.L. No. 5-2017]
M.
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.
N.
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.
[Added 6-13-2017 by L.L. No. 5-2017[3]]
[3]
Editor's Note: This local law also repealed former Subsection M, Supplementary requirements for motor vehicles service stations.
O.
Supplementary requirements for motor vehicle repair and paint shop, and motor vehicle sales and service:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
Access. Access points shall be located a minimum of 100 feet from the intersection of designated street lines. Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 25 feet; shall be located not nearer than 10 feet from any property line; and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(2)
All vehicles, except one tow truck, shall be stored within a building when the facilities are not open for business. However, not more than five licensed vehicles requiring minor repairs may be left outside for a period not to exceed 48 hours, and these shall be effectively screened from all property lines; except as to the holding of a vehicle for not more than 60 days for insurance appraisal purposes covering property damage claims; and except as to the holding of a vehicle for the required period to perfect or protect a garageman's lien pursuant to statute; and except as to the holding of vehicles impounded by the State of New York. At no time shall any unlicensed or dismantled vehicles be outside a building.
(3)
Waste materials shall be temporarily stored in an opaque enclosure adjacent to the facility, the size, design and location to be determined by the Planning Board.
§ 200-51.1 Supplemental car wash regulations.
[Added 6-13-2017 by L.L. No. 5-2017]
Car washes may be permitted by the Planning Board as principal or accessory uses, subject to the following requirements:
A.
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.
B.
All wash water shall be completely recirculated within the washing system and discharged according to New York State regulations.
C.
Exit area shall be pitched back toward the discharge system and be maintained and kept free of ice and excess water.
§ 200-51.2 Taxi business.
[Added 6-13-2017 by L.L. No. 5-2017]
A. TAXI BUSINESS
As used in this section, the following term shall have the meaning provided:
A business, new or existing on the effective date of this chapter, transporting persons for hire, including but not limited to taxi, livery, limousine and car service.
B.
All new and existing taxi business in the Village of Monroe must comply with Chapter 182, Taxicabs.
C.
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.
D.
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.
§ 200-52 Public utilities. [1]
Nothing in this chapter shall restrict the construction or use of underground or overhead distribution conduits of public utilities operating under the laws of the State of New York. However, public utility structures, water supply reservoirs, wells, sewage treatment plants, water treatment facilities and transmission lines and towers for electric power, telephone and gas are subject to the following supplementary requirements:
A.
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.
B.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
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.
D.
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.
E.
Off-street parking. Adequate off-street parking areas shall exist or be provided for maintenance, service or other vehicles.
F.
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.
§ 200-53 Membership clubs. [1]
Membership clubs are subject to the following supplementary regulations:
A.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Residential character. All structures shall be residential in character, in keeping with the style prevalent in the neighborhood, and shall have pitched roofs.
C.
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.
D.
Parking. No permanent parking shall project closer to the street than the front wall of the principal building.
E.
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.
F.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
G.
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.
H.
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.
I.
Outdoor entertainment. Outdoor entertainment, live or mechanical, shall be allowed only by special permit of the Village Board of Trustees, renewed annually.
J.
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.
K.
Caretaker. One dwelling unit may be located in the club house for the use of a caretaker and his/her family.
L.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
M.
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.
§ 200-54 Hotels and motels.
Hotels and motels are subject to the following supplementary regulations:
A.
Connecting units. No more than two hotel/motel guest units shall be connected by interior doors.
B.
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.
C.
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.
D.
Accessory uses. The following accessory uses shall be permitted:
(1)
One hotel/motel guest unit may be occupied solely by employees of the hotel/motel and their families on a nontransient basis.
(2)
Restaurants, breakfast facilities, bars and coffee shops whose dining areas in aggregate do not exceed 10% of the total floor area of the hotel/motel.
(3)
Recreation facilities for the sole use of the hotel and motel guests.
(4)
Office and lobby, provisions of which shall be mandatory for each hotel or motel.
(5)
Meeting and/or conference rooms and banquet facilities.
(6)
Business centers.
(7)
Fitness centers.
(8)
Gift, sundry and snack shops.
E.
Fire protection. All hotels and motels shall be equipped with sprinkler and fire alarm systems.
F.
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.
§ 200-55 Convalescent homes. [1]
A.
Residential character. All structures shall be residential in character, in keeping with the style prevalent in the neighborhood, and shall have pitched roofs.
B.
Parking. No parking shall project closer to the street than the front wall of the principal building.
C.
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.
D.
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
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.
F.
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.
§ 200-56 Self-storage facilities.
A. SELF-STORAGE FACILITY
Definition. As used in this section, the following term shall have the meanings indicated:
A public facility for storage of personal, household or business property which is serviced by the owner of the stored property or an agent of the owner for periods of at least 30 days or greater. The term "self-storage facility" includes all similar uses and terms but shall not be construed to mean "warehouse." The self-storage facility must be constructed on a permanent foundation. A self-storage facility is not to be used for the transfer, shipping or receiving of products or goods in conjunction with a business operation.
B.
General requirements.
(1)
Self-service storage facilities shall be limited to long-term storage use only and shall be located in the General Business District. No activities other than rental of storage units and pickup and deposit of long-term storage items shall be allowed. "Long-term storage" will be defined as the storage of goods or materials for a period of 30 days or greater. Examples of activities prohibited in a self-service storage facility include but are not limited to the following: commercial wholesale or retail sales; auctions, garage sales or flea markets; servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment; the operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment; the establishment of transfer storage businesses; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations, but nothing contained herein shall prohibit enforcement of the provisions of the New York State Lien Law. None of the aforementioned conditions shall restrict the facility owner from performing maintenance on this facility.
(2)
All rental contracts shall include clauses prohibiting:
(a)
The storage of flammable liquids and highly combustible, radioactive or explosive materials, hazardous chemicals or substances considered illegal under state or federal statutes.
(b)
Housing or storage of pets or any other animals.
(c)
The use of property for uses other than long-term storage.
(d)
Short-term storage of items for the intent of warehousing activities and/or for retail sales.
(e)
The right of the owner to enter at least once yearly without notice to the customer, to make inspection of the storage units.
(3)
The owner or operator of the facility shall inspect each and every storage unit for cause or without cause at a period no less than once yearly. The owner shall maintain records of their inspections and make them available to the Code Enforcement Officer upon request.
(4)
Interior parking lanes shall be provided adjacent to the storage units. Such lanes shall be provided parallel to the storage units. Such lanes shall be a minimum of 12 feet in width.
(5)
Interior maneuvering lanes shall be provided around all buildings. For one-way circulation, lanes of 12 feet shall be provided. For two-way circulation, 24 feet shall be provided. Drives shall be surfaced with asphalt pavement capable of sustaining the weight of fire equipment.
(6)
Landscaping and security.
(a)
The landscape plan requirements shall be reviewed and/or revised by the Planning Board depending upon site specifics.
(b)
Plantings shall be provided in all yards facing public roadways and adjoining residential properties. These and other plantings shall both screen and visually interrupt the linear extent of the buildings so as to reduce the appearance of the storage facilities. An effective living screen of evergreen-type trees, bushes and shrubs shall be provided. All plantings shall be properly maintained.
(c)
The site shall be developed in a manner designed to minimize the potential for vandalism or criminal activity. Fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color. Site lighting shall be provided and shall be directed or shielded to minimize fugitive lighting impacts upon residential properties in the vicinity of the facility and shall be configured to minimize glare on adjacent properties or roadways and subject to Planning Board approval.
(7)
Hours of operation for self-storage facilities shall be limited by the Planning Board, but in no event shall entry be permitted prior to 6:30 a.m. or after 11:00 p.m.
(8)
Signs shall be installed in accordance with applicable provisions of this Code and with approval of the Planning Board; however, no sign may be affixed to any portion of the perimeter fencing.
(9)
All interior travel lanes shall be posted to prohibit parking.
(10)
Rental unit size shall be limited to a maximum of 400 square feet, and no single tenant shall be permitted to rent or lease more than 1,200 square feet.
(11)
Buildings shall be oriented to reduce the visual impact on adjacent properties and existing roadways.
(12)
No building shall have an exterior wall height greater than nine feet, nor shall it be longer than 150 feet in length.
(13)
All storage shall be within the building walls. There shall be no outdoor storage of boats, cars, trucks, RVs or other vehicles of any type.
(14)
Site plan review by the Planning Board shall be required pursuant to the Village Code as applied to site development plans or special permitted uses.
C.
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.
§ 200-57 Recreational facilities, indoor and outdoor.
[Amended 6-13-2017 by L.L. No. 5-2017[1]]
A.
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.
B.
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.
C.
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.
D.
Outdoor entertainment. Outdoor entertainment, live or mechanical, shall be allowed only by special permit of the Village Board of Trustees, renewed annually.
E.
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.
F.
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.
§ 200-58 Day care.
[Added 6-13-2017 by L.L. No. 5-2017]
A.
There shall be no more than one day-care center per lot.
B.
The limits of any outdoor play area or recreation area shall not extend closer than 20 feet to any residential property line.
C.
All day-care centers shall have an active outdoor play area of 100 square feet per child.
D.
Outdoor play areas shall be appropriately fenced or otherwise protected from roads and nearby properties.
F.
The operator shall have a valid license from New York State.
G.
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.
§ 200-59 Drive-through and drive-up establishments.
Compatibility. Before approving any drive-up or drive-through establishment, the Planning Board shall consider and regulate the following:
A.
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.
B.
Proposed signs, lighting, speaker noise where residential properties are located nearby, and landscaping.
C.
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.
D.
Public roads and internal drive aisles shall not be blocked by waiting drive-through traffic.
E.
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.
§ 200-60 Bed-and-breakfast.
[Added 6-13-2017 by L.L. No. 5-2017]
A. BED-AND-BREAKFAST
Definitions. As used in this section, the following terms shall have the meaning indicated:
The renting of not more than five rooms in an owner-occupied dwelling for overnight accommodations and serving of breakfast to not more than 10 casual and transient roomers, provided that the renting of such rooms for such purpose is incidental and subordinate to the principal use of the dwelling. The bed-and-breakfast use shall at no time be construed as a dwelling unit. The bed-and-breakfast use shall conform to the special permit provisions of this chapter.
B.
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:
(1)
The bed-and-breakfast use shall be an accessory use to the principal use in permitted districts.
(2)
The use in all districts allowed under this section shall be exclusively owner-occupied single-family housing.
(3)
Residential buildings incorporating bed-and-breakfast as an accessory use shall be a minimum of 2,000 square feet in living area.
(4)
The length of stay within a bed-and-breakfast shall be a maximum duration of seven consecutive days, and documentation verifying the length of stay of each guest, such as a registration ledger or receipts, will be made available to the Code Enforcement Officer or the Building Department upon request.
(5)
Cooking facilities shall be prohibited in guest bedrooms.
(6)
Guest rooms may not be used as legal residences in order to enroll children into a school district.
(7)
Upon the issuance of a special use permit by the Planning Board for bed-and-breakfast facilities, an annual inspection by the Building Department for bed-and-breakfast use upon real property shall be required by the Building Department for continued operation.
(8)
All guest rooms must conform to the New York State Uniform Fire Prevention and Building Code requirements for habitable space.
(9)
A site plan and detailed floor plan shall be required as a condition of this special use permit.
§ 200-60.1 Residential gathering places and places of worship.
[Added 12-5-2023 by L.L. No. 23-2023]
A.
Residential gathering places.
(1)
The building containing the residential gathering place shall comply with all applicable zoning chapter provisions of the Village of Monroe for a one-family detached dwelling including the FAR provisions, and with the requirements of all applicable fire and building codes of New York State and shall be considered to be a nonresidential accessory use to the residential principal use as a one-family detached dwelling.
(2)
Only habitable spaces within structures in compliance with all applicable fire and building codes may be utilized for a residential gathering place. Gatherings may be held in a temporary structure or outside of the detached dwelling, but not more than three times per year, and not for a duration that exceeds seven days.
(3)
The maximum occupancy of the residential gathering place shall be in accordance with the definition of "gathering place, residential" as set forth in § 200-5.
(4)
Notwithstanding any other provision of this chapter, only those accessory uses permitted as of right to a one-family detached dwelling shall be allowed at a dwelling with a residential gathering place. Where accessory uses are proposed that are not permitted as-of-right to a one-family detached dwelling, the dwelling shall not be allowed to be used for a residential gathering place.
(5)
The required number of parking spaces for a residential gathering place shall be one parking space per 37.5 square feet of gross floor area of the proposed residential gathering place or for every 2.5 seats of capacity, whichever is greater, and in addition to the minimum number of parking spaces required for the one-family detached dwelling. 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. Notwithstanding any other provision of this chapter, up to six parking spaces including any required residential parking spaces may be permitted to be located between the structure and a streetline on which the lot abuts, so long as such spaces do not encroach on any required front or required side yard.
(6)
Except as set forth in Subsection A(2) above, the residential gathering place shall be conducted entirely within the one-family detached dwelling principal structure, which use shall be incidental and accessory to the use of the residence for dwelling purposes, and which shall not change the architectural character thereof, and which shall be consistent with the residential zoning district within which the use is proposed to be located. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(7)
Residential gathering places must be owner-occupied at all times. No space within the residential gathering place may be rented out to or utilized for meetings or functions not directly convened or hosted by the residents of the principal one-family detached dwelling.
(9)
Any kitchen facilities shall be in scale or type as is customarily incidental to a one-family detached dwelling. No catering facilities are permitted.
(10)
A narrative summary shall be submitted to the Planning Board, providing the maximum anticipated number of persons to be assembled, square footage of the assembly space for gatherings, days and hours of assembly, and number of parking spaces provided.
(11)
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 waive any bulk provision for residential gathering places herein up to 3%, for good cause shown. Any variation of bulk provisions greater than 3% shall be referred to the Zoning Board of Appeals.
§ 200-60.2 Neighborhood places of worship.
[Added 12-5-2023 by L.L. No. 23-2023]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Signs. Signs shall be permitted for neighborhood places of worship in accordance with Article X, Signs.
H.
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.
I.
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.
J.
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.
§ 200-60.3 Community places of worship.
[Added 12-5-2023 by L.L. No. 23-2023]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
Designated off-site parking areas. The applicant shall submit a fully executed written agreement between the applicant and one or more providers of a location for off-site parking;
(2)
The applicant shall indicate implementation of group travel to and from the off-site parking locations by the use of shuttle vehicles;
(3)
The applicant shall use traffic control measures such as the hiring of an off-duty police officer and/or volunteers to facilitate pedestrian flow, as well as on-site and off-site traffic;
(4)
The applicant shall provide a notification process to notify patrons of the community place of worship and others regarding the locations of off-site parking areas to be used;
(5)
The applicant shall indicate a method of preevent registration to obtain a ticket before the holiday or event to use the on- or off-site parking facilities; and
(6)
In the event that off-site parking areas are not available to accommodate the full capacity of the community place of worship, methods to limit the number of event attendees to the number of attendees that can be accommodated in the on-site parking area or at any available off-site locations by utilization of a preevent registration system and distribution of tickets to registered persons that will be submitted upon arrival at the site on the day of the event.
(7)
Existing community places of worship in existence prior to the adoption of this section shall submit a PMP for large events to the Planning Board within one year of adoption.
H.
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.
I.
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.
J.
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.
§ 200-60.4 School of general instruction.
[Added 12-5-2023 by L.L. No. 23-2023]
A.
School of general instruction.
(1)
Minimum lot area for schools of general instruction.
(a)
Minimum lot area based on maximum enrollment. Based upon maximum enrollment capacity, the required minimum lot area shall be 120,000 square feet for schools with 100 students or less, with an additional required minimum lot area of 50,000 square feet added for each additional increment of 50 students, or part thereof. For the purposes of this section, "maximum enrollment capacity" shall be defined as the number of students that a special permit applicant discloses as the maximum that can be accommodated within all proposed school structures and that will serve as the maximum number that may be enrolled at any time for the term of that special permit including any renewals thereof.
(2)
Design requirements.
(a)
Architectural review. All applications for schools of general instruction shall be subject to Architectural Review Board review in accordance with § 200-73 of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(b)
Usable open space. The school of general or special instruction shall include at least one outdoor area of distinctive design with a minimum area of 10% of the minimum lot size as calculated in Subsection A(1) above, which purpose is for recreational use by students, to create an area for gathering and/or recreation for use by the students, staff, and faculty of such institution. The usable open space shall be linked to an on-site pedestrian walkway network. Usable open space shall not be located within any required yard.
(c)
Lighting. Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to be compatible with surrounding land uses, and in compliance with the site development plan specifications in Article XV of this zoning chapter. The applicant shall provide a lighting plan showing that exterior lighting will be directed away from adjoining properties, streets, highways and roads.
(d)
Utilities. All utilities shall be installed underground or within buildings.
(e)
Landscaping. Applicant shall prepare and receive approval for a landscaping plan addressing the following subjects:
[1]
All portions of the project site not developed with impervious surfaces shall be attractively landscaped or left in a natural condition.
[2]
Landscape buffer area. Except where the Planning Board finds that existing vegetation to remain along the property boundary provides adequate visual screening, a minimum twenty-foot-wide landscaped buffer area shall be provided along all property lines, except at any access points. The required landscaped buffer area shall be densely planted with a mixture of shrubs, trees not less than six feet high and/or berms, which will create an opaque screen on a continuing basis through all seasons. The required landscaped buffer area may be incorporated into the required yards or setbacks. The Planning Board also may require that a fence be added as necessary to achieve the screening requirement, and such a fence shall be in addition to and not relieve the need for the required landscaped buffer area plantings.
[3]
Along property lines which are crossed by access drives, the Planning Board may allow low shrub plantings no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level to ensure adequate sight distance is maintained at the driveway entry/exit.
[4]
Planting shall not interfere with the normal sight distance needed for safe entering and exiting maneuvers by motor vehicles.
(f)
Parking and internal roadways.
[1]
One parking space per 300 square feet of gross floor area or 12 student seats, whichever requirement is greater, plus one parking space per two enrolled students over the age of 16, shall be provided.
[2]
All on-site drives and parking areas shall be constructed according to Article XI of this chapter.
[3]
Parking garages are not permitted.
[4]
Parking lot landscaping. One shade tree designed to reach a mature height of at least 20 feet shall be planted for every 14 parking spaces.
(g)
Other traffic and transportation requirements.
[1]
Regulation of faculty and staff arrival and departure times in both a.m. and p.m. hours shall be established for schools of general instruction as necessary to mitigate vehicle trips in the a.m. and p.m. peak hour. The Planning Board may require the applicant to coordinate timing of such arrival and departure times with schools in the vicinity to the extent practicable in order to avoid conflicts.
[3]
The entrance points for pedestrian/bicycle paths shall be signed indicating the need for bicyclists to share the path and properly yield to pedestrians that are present.
[4]
A traffic circulation and parking plan shall be provided prior to the issuance of a special permit and shall be based upon the maximum student capacity and traffic characteristics of the school, containing the following information:
[a]
Bus circulation and traffic patterns expected to be generated by the school of general instruction;
[b]
All queuing areas, and anticipated queue lengths, demonstrating that bus and vehicle circulation shall not cause cars or buses to queue on public or private roads at peak hours;
[c]
Maximum student enrollment capacity and attendance policies;
[d]
Numbers of full-time and part-time faculty and staff, with attendance policies and parking locations and requirements;
[e]
If applicable, requirements for parental compliance with busing and driving policies;
[f]
List of exceptions to bus ridership and number of students receiving exemption for each year;
[g]
If applicable, number and size of buses transporting students by grade;
[h]
Number of students riding buses by grade; and
[i]
Number of student drivers authorized and any limitations thereto, with parking locations and requirements.
(h)
Water. Each applicant shall demonstrate that there is sufficient water capacity for the project and shall supply a potable water delivery system capable of meeting both the domestic water and emergency firefighting needs of the facility.
(i)
Signs. Signs shall be permitted for schools of general instruction in accordance with Article X of this chapter.
(j)
Other conditions and safeguards. The Planning Board shall attach such other conditions and safeguards to the special permit as are necessary for the protection of the health, safety and welfare of the community, and to assure continual conformance with the intent of this chapter.
(k)
Construction of all internal roadway improvements shall be completed prior to the issuance of any certificate of occupancy.
(3)
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 schools of general or special instruction herein up to 3%, for good cause shown. Variances greater than 3% shall be referred to the Zoning Board of Appeals.