[7-6-1999 by L.L. No. 3-1999; 5-16-2000 by L.L. No. 3-2000; 3-5-2002; 4-17-2007 by L.L. No. 2-2007; 6-13-2007 by L.L. No. 5-2017; 8-18-2009 by L.L. No. 3-2009; 12-21-2010 by L.L. No. 3-2010; 10-18-2011 by L.L. No. 4-2011; 6-13-2017 by L.L. No. 4-2017; 6-13-2017 by L.L. No. 5-2017; 4-3-2018 by L.L. No. 3-2018; 1-15-2019 by L.L. No. 2-2019; 10-1-2019 by L.L. No. 14-2019; 1-7-2020 by L.L. No. 1-2020; 5-18-2021 by L.L. No. 4-2021; 4-19-2022 by L.L. No. 4-2022; 10-4-2022 by L.L. No. 9-2022; 9-14-2023 by L.L. No. 11-2023; 9-14-2023 by L.L. No. 9-2023; 12-5-2023 by L.L. No. 23-2023; 3-5-2024 by L.L. No. 4-2024; 4-1-2025 by L.L. No. 2-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENTA self-contained housekeeping unit, including a separate kitchen, which is developed as an accessory use to the primary use of a single-family residence.
ACCESSORY STRUCTUREA structure subordinate to and on the same lot as a principal building, which is customarily used for purposes that are incidental and subordinate to those of the principal building or use. An accessory structure attached to the principal building is deemed to be part of such principal building in applying the bulk requirements.
ACCESSORY USEA customary use which is clearly incidental and subordinate in both its size and impact to the principal use, and located on the same premises or lot as the principal use.
ADJOININGPhysically touching or bordering upon or sharing a common property line or major portion thereof.
AGRICULTURE OR HORTICULTUREThe cultivation of soil for food products or other useful or valuable growths in the field or garden, exclusive of facilities for display of products and marketing on the premises, whether wholesale or resale. "Agriculture" shall be deemed to also include poultry or livestock production or breeding and the raising of cattle for the purpose of milk production.
ALTERATIONA change or rearrangement in the structural parts of a building or an enlargement, whether by extension of any side, or by increasing in height, or in the moving of a structure from one location or position to another.
AMBULANCE SERVICESEmergency medical services dedicated to providing out of hospital acute medical care, transportation to medical care, and other medical transport.
ANCHOR STOREA major retail store used to drive business to smaller retailers. These larger stores or grocery stores are generally part of a retail chain and are the prominent business in a shopping mall.
ART GALLERYA retail use engaged in the sale, loan or display of art books, paintings, sculpture, or other works of art. This use shall not include libraries and museums.
ARTS AND CRAFTS STUDIOA studio or other space used by an artist or artisan for the development, display, and sale of art or the instruction in a personal artistic skill in fine arts, crafts, dance or music.
AWNING SIGNAny visual message incorporated in an awning attached to a building.
BASEMENTThat portion of a building included between the surface of any floor and the surface of the floor next above, where the following thresholds are not exceeded:
A. The distance between the finished floor and the finished floor above is no more than 12 feet.
B. The midpoint between the finished floor and the surface of the finished floor next above is less than one foot above the grade plane, and less than one foot above the average pre-construction grade adjoining the building.
C. The finished surface of the floor next above is no more than six feet above grade plane, nor more than six feet above the average preconstruction grade adjoining the building.
D. The finished surface of the floor next above is no more than 12 feet above the finished grade at any point nor more than 12 feet above the preconstruction grade adjoining the building at any point.
E. The floor next above is not a basement floor (only one basement shall be allowed per building.)
BED-AND-BREAKFASTThe 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.
BILLBOARDA sign which directs attention to a business, commodity, service, entertainment or attraction conducted, sold, offered or existing elsewhere than on the same lot where such sign is displayed or not for the principal use of such lot.
BLOCKA tract of land or lot or group of lots bounded by streets, public parks or parkways, railroad rights-of-way, the Ramapo Creek or other watercourse or body of water, unsubdivided land or a boundary line or lines of the Village of Monroe, other blocks, or any combination of the above.
BOARDINGHOUSEA dwelling unit used for temporary occupancy purposes by two or more individuals not constituting a family or functional family unit who normally pay based on a share of total expenses of the dwelling unit, or other personal, financial, or other services in exchange for boarding. The term includes the term "rooming house," "tourist homes," and "residential hotels" but does not include a motel, hotel, bed-and-breakfast, or group residence as defined by Title 18 and regulated by the New York State Department of Social Services. Single-room occupancies are deemed boardinghouses.
BUFFERAn area of specified dimension extending between a rear or side property line or a zoning district line and a required yard. The "buffer" shall not be used or otherwise encroached upon by any activities on the lot so as to provide for adequate separation and protection from otherwise inharmonious or incompatible uses.
BUILDINGA structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
BUILDING, AREA OFThe total area of a lot covered by all buildings, except for porches, patios, steps and similar appurtenances.
BUILDING DEPARTMENTThat department and its employees as established by the Village Board of the Village of Monroe.
BUILDING INSPECTORThe official duly appointed by the Village Board to perform the functions of the Building Inspector for the Village. The term shall include any appointed Assistant Building Inspector.
CAMPAIGN SIGNA temporary outdoor sign, including stickers, banners, and posters advertising the name of a candidate for election to public office, which may or may not include the name of a political party.
CAR WASHA facility for washing standard passenger vehicles. Such facility may include related services, including vending machines, pet wash facilities and vacuum and carpet shampooing kiosks.
CERTIFICATE OF CONSTRUCTIONOfficial certification that a building or structure conforms to the submitted plans and specifications and the New York State Uniform Fire Prevention and Building Code.
CERTIFICATE OF OCCUPANCYOfficial certification by the Building Inspector that a building or structure conforms to this chapter and the New York State Uniform Fire Prevention and Building Code.
CHANGE IN USEAny use which differs from the previous use of a building, structure or parcel of land.
COMMUNITY RECREATION AND/OR PARK (NONCOMMERCIAL)An area or building to which the public comes to participate in athletic or recreational activities, whether or not such activities are supervised or organized. Such areas include publicly owned, operated and maintained parks, athletic fields, playgrounds, picnic areas, etc.
COMPLETELY ENCLOSED BUILDINGA building separated on all sides from adjacent open space or from other buildings by fixed exterior walls or party walls, pierced only by windows and entrance or exit doors and covered by a permanent roof.
CONVALESCENT HOMEA building used for the accommodation and care of persons recuperating from illness or injury.
CONVENIENCE STOREA retail business that is designed and stocked primarily to sell nondurable consumer products, including, but not limited to, groceries and household supplies, prepared and packaged foods and beverages, nonprescription pharmaceuticals, newspapers, magazines and sundries to customers who purchase only a relatively few items.
CORNER LOTA corner lot is a lot having frontage on two separate streets. Front yards are required on both street frontages. One yard other than the front yards shall be deemed to be a rear yard; and the remaining yard shall be deemed to be a side yard. See diagram below.
COURTA space either on the ground or above, except a main roof, situated on the same lot with a building and which is unoccupied and open to the sky and not a front yard, side yard or rear yard.
CURBLINEThat line formed by the face of a curb and a street pavement at the point of intersection and running the full length of the curb.
DAY CAREPremises which operate on a regular basis to provide daytime care or instruction for two or more children.
DECKAn outdoor platform attached to the principal structure of a building and built above the natural grade.
DOMESTIC ANIMALSVarious species of animals which normally and conventionally reside in residential dwellings or adjacent thereto and require an outside area for defecation and exercise.
DRIVE-THROUGH AND DRIVE-UP ESTABLISHMENTSA facility that permits customers to obtain goods and/or receive services while remaining in their motor vehicles. Includes but is not limited to banks, pharmacy, and fast-food restaurants.
DUMPA lot or land or part thereof used for disposal by means of abandonment, dumping, burial or any other means, for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, sludge or any other discarded material, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations and from community activities. It shall also include any facility or site that is utilized in the manner contemplated by Article 27, Title 9, of the Environmental Conservation Law.
DWELLINGA building used exclusively for residential purposes by one or more families living independently of each other upon the premises.
DWELLING, SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit only. Also referred to in this chapter as a "one-family detached dwelling."
DWELLING, TWO-FAMILYTwo dwellings placed side-by-side or vertically, both of which are on a lot which is unoccupied by any other dwelling unit.
DWELLING UNITA building or portion thereof containing a cooking area (including all types of cooking appliances), bathroom, dining, sleeping, sanitation, and related facilities necessary and/or incidental to human habitation, designed and intended as a self-contained unit for one functional family unit. All rooms in a unit must have internal structural connections such as internal doorways or internal stairs.
ENVIRONMENTALLY SENSITIVE AREASWater bodies in excess of one acre in size or with a mean depth of eight feet or more; wetlands that are designated for protection by the New York State Department of Environmental Conservation or the National Wetlands Inventory of the United State Department of the Interior; streams that flow year round or intermittently that appear on the 7.5 minute quadrangle series of topographic mapping of the United States Geological Survey; floodplains designated as zones A and B on the Flood Insurance Rate Maps of the Federal Emergency Management Agency; stormwater retention areas as constructed in accordance with a site plan approved by the Planning Board; and alluvial and organic soils as mapped and characterized in the Soil Survey of Orange County, New York prepared by the United States Soil Conservation Service.
ESTABLISHED SETBACKThe average setback on each street on which a lot front established by three or more buildings within the same zoning district, within 300 feet on each side of such lot along the same side of the street, but not beyond any intersection.
FAMILYA. One of the following:
(1) One, two or three persons occupying a dwelling unit; or
(2) Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
B. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
C. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(1) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
(2) The occupants must share the entire dwelling unit and live and cook together as as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
(3) The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
(4) The group is permanent and stable. Evidence of such permanency and stability may include:
(a) The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
(b) Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
(c) Members of the household are employed in the area;
(d) The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
(e) There is common ownership of furniture and appliances among the members of the household; and
(f) The group is not transient or temporary in nature;
(5) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
FEE or FEE SCHEDULESuch fee or fee schedule as may be adopted from time to time by resolution of the Village Board.
FENCEAny structure regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
FIELD CHANGEA change or adjustment to an approved site development plan, due to field conditions, that will not substantially alter the intent, layout or design of the approved plan.
FIRE LANEThe area around a building that is designated a no-parking zone to permit access by emergency vehicles.
FIRE PROTECTION SERVICEFire stations, owned and operated by local fire districts, containing firefighting apparatus and equipment.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building or dwelling unit. All dimensions shall be measured between exterior faces or walls. In calculating floor area for off-street parking requirements, the floor areas of all buildings on a lot shall be considered.
FLOOR AREA RATIO (FAR)The gross floor area of a dwelling to be regulated herein, divided by the gross lot area. For purposes of this bulk requirement, "gross floor area" shall be the sum of the gross horizontal areas of the stories of a dwelling unit measured to the exterior of the outside faces or walls of buildings, including any livable floor area within any attic, basement or enclosed porches. Accessory detached garages of less than 480 square feet and other accessory detached buildings of less than 144 square feet shall not be included.
FUNERAL AND INTERMENT SERVICEA licensed establishment where deceased persons are prepared for burial or cremation, where the body may be viewed or where services are held.
GARAGE, PRIVATEAn accessory garage maintained primarily for the convenience of the occupant or occupants of the main building and in which no business or other use is carried on and no service is rendered to the general public.
GARDEN CENTERA business enterprise for the sale and growing of flowers, shrubs, trees and other plants, including the replanting of said plants grown at other places, and for the sale of ornaments and accessories, agricultural products and tools. Included may be facilities for the retail sales of agricultural produce (fresh fruits and vegetables).
GATHERING PLACE, RESIDENTIALA. The nonresidential accessory use of a portion of an owner-occupied one-family detached dwelling, which portion is incidental and subordinate in both use and size to the dwelling, is located within the principal residence building, and is designated primarily for regular large gatherings meeting all of the following criteria:
(1) The gatherings occur more than 12 times per year; and
(2) These gatherings are comprised of 15 or more persons; and
(3) The occupancy of the gatherings shall be the lesser of: (i) 49 persons; or (ii) the number of persons determined by dividing the number of square feet of the portion of the residence so designated as a residential gathering place by 15 square feet per person. The requirement of no more than 49 occupants is the maximum permitted before the use category of "assembly" would be applicable under the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. The standard of 15 square feet per person is set forth in Table 1004.5 of said New York State Building Code, which is applicable to unconcentrated assembly without fixed seats.
B. The designated area for a gathering place shall have a maximum floor area of less than 50% of the floor area of the one-family detached dwelling and no greater than 750 square feet (15 multiplied by 50).
C. Any use that exceeds any of the above criteria at any time shall not be considered a residential gathering place. The Building Inspector shall determine the appropriate use category based upon the requirements of this zoning chapter.
GRADE PLANEA reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the average of the lowest points within the area between the building and the lot line.
HABITABLE SPACESpace occupied by one or more persons for living, sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed to be habitable space.
HEIGHT, BUILDINGThe vertical distance measured from the grade plane to the highest point of the structure, but not including chimneys, spires, towers, tanks and similar projections.
HEIGHT, FLOOR-TO-CEILINGThe distance between the highest point of the ceiling and the finished floor directly beneath it of an interior space.
HOME OCCUPATIONAny gainful occupation customarily conducted within a dwelling, or in a structure accessary to the dwelling, by the owner/occupant thereof, clearly secondary to the use of the dwelling for living purposes, and which does not change the character of the structure as a residence, nor have any exterior evidence of such accessory use.
HORTICULTURAL CULTIVATIONPremises devoted to the cultivation of flowers, shrubs and trees intended for ornamental or landscaping purposes. Excluded are facilities for the display of products and marketing on the premises, whether wholesale or retail.
HOTEL/MOTEL GUEST UNITAny habitable room or demised group of rooms within a hotel/motel designed to be rented as a single unit and accessed by a single key and used as a separate transient (occupied for less than 30 consecutive days) overnight accommodation.
HOTEL or MOTELA commercial establishment containing hotel/motel guest units as well as associated uses such as dining, entertainment and various personal uses. A hotel/motel shall not constitute an individual's primary residence, except for a live-in manager.
HOUSEKEEPING UNITComplete facilities to support human habitation, including living and sleeping space and permanently installed food preparation and sanitary appliances.
JUNKYARDAn area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded materials, such as waste paper, rags or scrap material; tires; or used building materials, house furnishings, machinery or parts thereof, with or without dismantling, processing, salvage, sale or use or disposition of the same. One cubic yard or more of refuse located on a property for more than 30 days may also be deemed to be a junkyard.
JUNKYARD, MOTOR VEHICLEAn area of land, with or without buildings, used for or occupied by a deposit, collection or storage outside a completely enclosed building of used or discarded motor vehicles or parts thereof, with or without the dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection or storage on a lot of two or more motor vehicles no longer in condition for legal use on the public highways, or parts thereof, for one week or more in a residential district or for three weeks or more in a nonresidential district shall constitute a motor vehicle junk yard. Exceptions to the foregoing are machinery and vehicles owned by a resident owner of the premises or immediate family residing on the premises which may be stored within a legal accessory garage or storage structure for repair, storage or customizing for resident and family use only and not for sale, storage or repair for others. Storage of the above shall not interfere with required garage space for registered vehicles.
KENNELA use or building in which the principal activity is the keeping, raising, boarding, grooming, breeding of dogs and/or cats. For the purpose of this chapter, any such activity shall not be considered a kennel where accessory to a principal residential use, provided that not more than three animals exceeding six months of age are kept for noncommercial purposes.
LAND DISTURBANCEAny act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and any activity, including the clearing, grading, transporting, filling or other activity which causes land to be exposed to the dangers of erosion, increased runoff, pollution, unnecessary destruction of trees, increased slope instability and unnecessary modification of actual topography or unique geological features.
LAUNDRY SERVICEA facility for the cleaning or laundering of garments, principally for individuals.
LIGHT INDUSTRYEnterprise engaged in the manufacture, predominantly from previously prepared materials or finish products or parts including processing, fabrication, assembly, treatment, packaging, incidental indoor storage, sales and distribution of such products, but excluding chemical processing. Finished products shall not exceed 40 cubic feet or weigh more than 2,000 pounds per unit. Light industry is capable of operation in such a manner as to minimize external effects such as smoke, noise, soot, dirt, vibration, odor, etc. which impacts shall meet or exceed the highest applicable standards established by federal or state agencies.
LIVABLE FLOOR AREAAll spaces within the exterior walls of a dwelling unit exclusive of unheated garages, unenclosed breezeways, unenclosed porches, and nonhabitable space (as defined by the NYS Building Code) contained within basements as defined herein. Livable floor area shall include all spaces not otherwise excluded above, such as: principal rooms; utility rooms; bathrooms; all closets and hallways opening directly into any room within the dwelling unit; stairways; and all attic area having a clear height of 71/2 feet or more from finished floor level to roof rafter. For the purpose of this chapter, "livable floor area" shall also mean "habitable floor area."
LOADING OR UNLOADING AREAAny area or space accessible from a street or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials.
LOTAny parcel of land, not necessarily coincidental with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building or by a group of buildings and accessory uses and buildings, if any, together with the open spaces required in connection with such building or group of buildings.
LOT AREAThe total horizontal area included within lot lines, as adjusted by §
200-20.1 (Deduction of constrained lands from lot area; avoidance of constrained lands during construction).
LOT, CORNERA lot at the junction of and fronting on two or more intersecting streets. (See "corner lot.")
LOT COVERAGEThe percentage of the lot area that is occupied by the area of the building or group of buildings.
LOT, FLAGAn interior lot with less than the required lot width at the point of its road frontage. Such lots are generally behind other lots, having their front yard abutting the rear yard of one or more other lots; and having access to a public road via a narrow strip of land wide enough to accommodate a driveway.
LOT LINEAny boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONTThe street line at the front of a lot. On a corner lot, the owner may specify the front lot line, on the plot plan.
LOT LINE, REARThe lot line generally parallel and opposite to the front lot line.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTHThe distance between side lot lines measured along a line drawn parallel to the front lot line at a distance equal to the minimum front setback requirement.
MEMBERSHIP CLUBAn organization comprised of individuals who voluntarily meet on a regular basis for a mutual purpose other than educational, religious, charitable or financial pursuits, and which is open only to members and their guests for a membership fee.
MOBILE HOMEA vehicle or relocatable structure used for dwelling purposes and standing on wheels or on rigid supports, such as a foundation. Such vehicle or structure shall not be construed to be a single-family detached dwelling.
MODULAR HOMEA nonmobile dwelling unit that is basically fabricated at a central factory and transported to a site as one or more modular units and there permanently affixed to create a permanent dwelling unit. Such shall be congruous to a single-family detached dwelling.
MONROE BALANCING TESTIn making a determination as to whether the actions of governmental units are "exempt" from local zoning regulations, the New York Court of Appeals in the 1988 case of Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702, . established a new method for resolving intergovernmental land use disputes using the "balancing of public interests" analytic approach. Unless a statute exempts it, the encroaching governmental unit is presumed to be subject to the zoning regulations of the host community where the land is located. The host community weighs nine factors to determine whether or not it is in the public interest to continue to subject the encroaching government to its land use regulations:
A. The nature and scope of the instrumentality seeking immunity,
B. The kind of function or land use involved,
C. The extent of the public interest to be served thereby,
D. The effect local land use regulation would have upon the enterprise concerned,
E. The impact upon legitimate local interests,
F. Applicant's legislative grant of authority,
G. Alternative locations for the facility in less restrictive zoning areas,
H. Alternative methods of providing the needed improvement,
I. Intergovernmental participation in the project development process and an opportunity to be heard.
MOTOR VEHICLE FUEL-DISPENSING STATIONAn 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.
MOTOR VEHICLE REPAIR AND PAINT SHOPA facility arranged, intended, or designed for making repairs to motor vehicles and their mechanical systems, including painting and collision services.
MOTOR VEHICLE SALESAny 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.
MULTIFAMILY RESIDENTIALAn arrangement of a building or buildings, the occupancy of which is intended for three or more families living independently of each other in separate dwelling units. Such may be in condominium or cooperative ownership or on a rental basis.
MUSEUMA place or building where objects of historical, artistic, or scientific interest are exhibited, preserved, or studied and open for viewing by the general public.
NONCONFORMING STRUCTURE OR USEA structure or use legally existing prior to adoption of this chapter or any amendment thereto which does not conform to the regulations of the district in which it is situated.
NONHABITABLE SPACESpace used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories.
OFFICE, PROFESSIONAL AND BUSINESSA place or establishment used for the organizational or administrative aspects of a trade or used in the conduct of a profession or business and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers and persons with similar occupations.
OUTDOOR CAFEThose exterior facilities adjacent to and part of establishments selling food and/or drink, entirely located on private property, open to the elements except for awnings and/or low walls or fences, temporary or permanent in nature, such as rooftop cafes or decks and those at street level not using any Village-owned property.
OUTDOOR FURNACEAny equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion or fuel to produce heat or energy used as a component of a heating system providing heat or hot water for any interior space, including, but not limited to, devices referred to as outdoor furnaces, boilers and outdoor stoves. Swimming pool heaters using wood as a fuel are included in this definition. Swimming pools using natural gas, propane or oil are exempt from this definition. Stoves located indoors used for heating or cooking purposes are exempt from this definition.
PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges in money and/or other consideration.
PERMITTED USEA specific main use of a building, structure, lot or land or part thereof which this chapter provides for in a particular district as a matter of right.
PERSONAL SERVICESUses which involve touching or near touching of the body, including but not limited to barber shops, beauty shops, tailor shops, tattoo establishments, masseurs and physical therapy; as well as uses involving the mind such as psychologist, social worker and counselor.
PLACE OF WORSHIP, COMMUNITYThe principal nonresidential use of a building or structure(s) for regular organized religious assembly with 10,000 gross square feet of floor area, or greater.
PLACE OF WORSHIP, NEIGHBORHOODThe principal nonresidential use of a building or structure for regular organized religious assembly with a gross square footage of less than 10,000 square feet.
PORCH, ENCLOSEDA structure attached to a building, with a floor, roof, and structural supports, and permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material). Screens, curtains, or latticework made of wire mesh, cloth, paper, strips of wood or metal, or other similar material shall not be considered "solid" for the purpose of this definition. A porch does not need to be heated or insulated to be considered enclosed.
PORCH, UNENCLOSEDA structure attached to a building, which has a floor, a roof and structural supports, but not permanently, seasonally or temporarily enclosed with solid materials such as glass or lexan (a clear, durable, hard plastic material).
PRINCIPAL BUILDING OR USEThe primary use for which a building or parcel of land is or may be intended, occupied, maintained, arranged or designed.
PRIVATE PROPRIETARY SENIOR ADULT HOME(Referred to herein as "senior adult home") A family-type home for adults established which is operated for compensation and profit, and for the purpose of providing residential housing to five or more senior citizens ages 65 years and older. The adult home provides temporary or long-term residential care and services to senior citizens who, though not requiring continual medical or nursing care as provided by facilities licensed or operated pursuant to Article 28 of the New York State Public Health Law or Articles 19, 23, 29 and 31 of the Mental Hygiene Law, are, by reason of physical or other limitations associated with age, unable or substantially unable to live independently. The senior adult home provides housing in a community-integrated setting with supportive services, such as meals, housekeeping, social activities, transportation, and similar support services. The operation of the senior adult home shall require issuance of an operating certificate from the New York State Department of Social Services or successor agency as defined in Section 485.2 of Subchapter D of Title 18 of the New York Codes, Rules and Regulations. This term shall not be construed to allow a nursing home, drug or alcohol rehabilitation center, homeless shelter, single-room occupancy housing, or boardinghouse.
PROFESSIONAn occupation in which knowledge in some department of science or learning is applied to the affairs of others, either advising or guiding them, or otherwise serving their interest or welfare through the practice of a profession founded on such knowledge.
PROHIBITED USEA use of a building, structure, lot or land or part thereof which is not listed as a permitted use, conditional use or accessory use; in addition, and more specifically, those uses listed as prohibited uses (see §
200-13).
PUBLIC IMPROVEMENTSPlacement of utilities, surface and ground water drainage, water supply, sewers, roadways, easements and rights-of-way which shall be dedicated to the municipality for use by the general public.
PUBLIC PARKING LOT OR STRUCTUREA publicly owned, operated and maintained parking area or building in which parking spaces are available or rented to the public for the shelter or storage of private automobiles.
PUBLIC UTILITY STRUCTUREUnderground, surface or overhead gas or electric systems, including poles, wires, mains, substations, cables, telephone lines and buildings housing equipment used for water, sewerage and other utilities.
RECREATIONAL FACILITIESAll uses providing athletic, physical fitness, entertainment or recreational activities, whether privately owned and operated with the intention of earning a profit, or supported by membership, contributions or endowment, by providing indoor and/or outdoor facilities for the public or a more limited constituency.
A. INDOORIncludes, but is not limited to, such facilities as an auditorium, bowling alley, dance hall, display space, exercise rooms, gymnasium, health center, ice skating rink, instructional rooms, meeting rooms, racquet sports, roller skating rink, social rooms, spa, and swimming pool.
B. OUTDOORIncludes, but is not limited to, such facilities as athletic fields, golf course, golf driving range, jogging course, miniature golf, picnic area, playground, swimming pool and tennis courts.
REPAIR SERVICE (NON-MOTOR VEHICLE)An indoor facility arranged, intended or designed for making repairs, including but not limited to machinery and/or equipment and their mechanical systems.
RESEARCH FACILITYA facility primarily engaged in research of an industrial or scientific nature, including analysis and product testing. Such facilities do not manufacture for wholesale or retail trade nor repair products or display or sell any materials or products on a commercial basis.
RESTAURANTA business enterprise engaged in preparing and serving food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises, with takeout food as an accessory use, but excluding fast-food and drive-in establishments.
RETAIL STORES OR SHOPSBusiness establishments that sell goods or merchandise to the general public for personal or household consumption.
RETAINING WALLA wall that holds back earth, water, stone, rocks, and/or manufactured material and is greater than two feet in height.
SCHOOL OF GENERAL INSTRUCTIONAny public or nonpublic school that offers instruction at least five days per week and seven months per year, which include pre-K, kindergarten, elementary, junior high, or high schools subject to 8 NYCRR Part 100 regulations: or, other schools of religious or vocational training. Dormitories are not included as part of this definition.
SELF-STORAGE FACILITYA 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.
SHOPPING CENTERA tract of land with a group of buildings planned as a whole and intended for one or more establishments for retail or allied purposes. A shopping center has a retail anchor store as a leading tenant and a total of 30,000 square feet or more in gross leasable floor area.
SHOPPING CENTER, NEIGHBORHOODA tract of land with a building or group of buildings planned as a whole and intended for one or more retail or allied purposes. A neighborhood shopping center has no retail anchor store and will not exceed a total of 30,000 square feet in gross leasable floor area.
SIDEWALK CAFEThose exterior facilities adjacent to and a part of establishments selling food and/or drink that require the use of some Village-owned property for operation, are temporary in nature and are open to the elements except for original awnings and/or temporary low walls or fences.
SIGNAny structure or part thereof or any device attached to a building or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial or otherwise. A sign includes a billboard and a neon tube, string or lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. However, excluded from this definition are signs which are exclusively devoted to prohibiting trespassing, hunting or fishing.
SIGN AREAIncludes all faces of a sign measured when such sign is on a plate or framed or outlined. All of the area of such plate or the area enclosed by such frame or outline shall be included; or, when such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
SINGLE ROOM OCCUPANCY (SRO)The occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within a dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same dwelling but may share a bathroom, kitchen or both.
SITE PLANA plan prepared by a legally qualified engineer, architect or surveyor showing, in detail and at a convenient scale, the applicant's entire property, existing or proposed buildings, uses, parking and truck loading areas, drainage, elevations, utilities, site improvements and other pertinent information.
SITE PLAN APPROVALPrior to the issuance of a building permit or certificate of occupancy, the process within which the Planning Board evaluates, considers and acts upon any site plan, including the compliance with all the requirements and conditions necessary for the proper enforcement.
SITE PLAN IMPROVEMENTSPlacement of structures, utilities, landscaping, surface and ground water drainage, water supply, access, parking, and environmental, architectural and esthetic impacts, both on- and off-site.
SOLAR ENERGYRadiant energy (direct, diffused and reflected) received from the sun.
SOLAR ENERGY SYSTEMA complete design or assembly consisting of a solar energy collector, storage facility and components for the distribution of transformed energy.
SPECIAL USEA use that is not appropriate at all locations and under all circumstances throughout a district or without restriction in all districts due to potential incompatibility with some or all permitted uses and whose number, area, location and relationship shall be regulated subject to conditions established by this chapter and specifically related to individual conditions.
STORAGE CONTAINERA detached accessory structure, whether mobile or permanently affixed, used for the storage, whether of short or long-term duration, of materials, whether of some or no value.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A basement as defined herein shall not be considered a story. Any attic space that can be potentially converted to habitable space as defined by the building code shall be deemed a story.
STREETAny road, highway, avenue, street, parkway, lane or other way, public or private, commonly used by the public as a traveled way and located on a public right-of-way; as opposed to a driveway, which is located on a privately owned parcel of land.
STREET LINEThe dividing line between a lot and the right-of-way of a street.
STRUCTUREAnything constructed or erected on or under the ground or upon another structure or building.
SWIMMING POOL, PRIVATEA pool, and any accessory equipment pertaining thereto, permanently constructed to retain water to a depth of 18 inches or more below the level of the surrounding land, or an above-surface-type pool, which will cause the retention of water to a depth of 18 inches or more, used or intended to be used for swimming or bathing by any family or persons residing on the premises, including their guests. Such shall not be operated for gain or profit and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon.
TAVERNAn establishment having as its principal use the on premises consumption of beer, wine or liquor.
TAXI BUSINESSA 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.
THEATER OR CULTURAL CENTERA building or area where plays, shows, dramatic or musical performances, fine arts and/or movies are shown or performed.
TOWNHOUSE/CONDOA single-family dwelling attached by party walls with other single-family dwellings and oriented so that all exits open to the outside. Such may be on an individual lot owned in fee simple, by condominium or cooperative ownership or on a rental basis.
TRAILER, CAMPINGA folding structure mounted on wheels and designed for travel, recreation and vacation.
TRAILER, TRAVELA licensed vehicular portable structure built on a chassis, designed as a temporary dwelling for travel, recreational and vacation purposes.
TRAILER, TRUCKA mobile enclosed container or open truck bed mounted on wheels, intended for the transport of goods and materials on public roads when towed by a motorized unit. Such truck trailers, whether licensed or unlicensed, may not be used for the storage, whether long- or short-term, of goods and materials and are not permissible as accessory structures.
TRANSIENT HOUSINGAny dwelling that provides housing accommodations, with or without cooking facilities, for one or more people for a period of less than 30 consecutive days for which a fee or compensation, monetary or otherwise, is received by the owner or landlord in exchange for such occupancy. For the purpose of this chapter, "boardinghouses," "residential hotels," "lodging houses," "rooming houses," "tourist homes," and "short-term rentals" shall have the same meaning as "transient housing." The term "transient housing" shall include, but not be limited to, rentals provided through such companies as Airbnb and Vrbo. "Transient housing" shall not include month-to-month tenancies or bed-and-breakfasts, hotels, or motels that have received a special use permit from the Planning Board.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
VETERINARY SERVICEPremises used for medical and/or the surgical care of sick or injured animals with accommodations for convalescence. The term shall not include premises used exclusively for the sale, boarding or breeding of animals for compensation.
VILLAGE BOARDThe duly elected and/or appointed Village Board of the Village of Monroe, New York.
VILLAGE SEWERThe system operated as Orange County Sewer District No. 1.
WAREHOUSEA building, a part of a building or a group of buildings used for the storage and distribution of goods, wares and merchandise by one or more commercial or business interests and not open to the public.
YARD, FRONTApplies to that portion of the yard within and extending the full width of the lot between the front line of the principal building and the front line of the lot.
YARD, REARApplies to that portion of the yard within and extending the full width of the lot between the rear line of the principal building and the rear line of the lot.
YARD, SIDEApplies to that portion of the yard extending from the principal building to the side lot lines and extending from the front yard to the rear yard, or where no front yard exists, from the front lot line to the rear yard.
ZONING AMENDMENT OR CHANGEA change authorized by the Village Board either in the allowed uses within a zoning district or to the regulations and requirements of such uses or in the boundaries of a zoning district.
ZONING DISTRICTAn area or areas within the limits of the Village for which the regulations and requirements governing use are uniform.
ZONING LAWThe Village of Monroe Zoning Law of 2014, as amended from time to time, unless otherwise stipulated or indicated by reference.