Monroe City Zoning Code

Present established building lines. Wherever there is an established building line which is greater or less than the minimum setback lines called for in any district in this chapter, all buildings newly erected or reconstructed shall be set back so that the front of said buildings shall be in line with the setback lines of the existing buildings on the street in the block.

Average setback of existing dwellings. No proposed one-family or two-family dwelling need have a setback greater than the average setback of the existing dwellings located within 200 feet on each side of said proposed dwelling on the same side of the street and within the same block and the same zone.

Entries and porticos. A roofed-over but completely unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the wall of the building, shall be exempt from the front setback requirement when the building otherwise complies with all other front setback restrictions of this chapter.[1]

Measurement. All required front setback depths shall be measured from the designated street line, front lot line or existing street line, whichever is a greater distance from the center line on the public street abutting the lot in question.

Front setbacks on narrow streets. On streets with less than a fifty-foot-wide street or right-of-way, the front setback shall be measured from the center line of the existing street or right-of-way, and 25 feet shall be added to the required minimum front setback.

Lots on other than a public street. Where lots are subdivided on other than a public street, the designated street line, for the purposes of front setback measurement, shall be parallel to and 25 feet distant from the center line of any access easement or right-of-way.

Through lots. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

Chimneys, arbors, open trellises, unroofed steps or terraces (when the latter is not higher than one foot from the ground level).

Cornices, eaves or cantilevered roofs. Cornices, eaves or cantilevered roofs may project not more than three feet into a required setback. Belt courses, window sills and other ornamental features may project not more than six inches into a required setback.

Awning or movable canopy. An awning or movable canopy may project not more than 10 feet into a required setback.[1]

Overhanging roof. An overhanging roof may not project into a required setback in excess of 10% of the required yard setback.

Fire escapes and stairways. Open or lattice enclosed fireproof fire escapes or stairways, required by law, projecting into a yard are not to exceed four feet when placed so as not to obstruct light and ventilation.

Architectural features. Architectural features needed for the operation of active or passive solar energy systems may extend up to five feet into any required yard when these are a functional component of the space heating, electric supply, or domestic hot-water system of the principal building on the lot.

Unroofed constructions. An unroofed surface or patio which is not more than one foot above ground level or an arbor, open trellis, or flagpole is permitted closer to a lot line than the required setback. Paved areas (other than such walks and driveways as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of any other lot line. A deck or unroofed porch or terrace which is more than one foot above ground level may project not more than six feet into a required rear setback.

No wall, fence or other structure, and no hedge, shrubbery or other growth taller than three feet shall be erected, installed or maintained within a sight triangle with legs beginning at the intersection of the lots two street lines and proceeding to points along the street line 25 feet distant as shown below. Nor shall the limbs or foliage on any tree obstruct vision or be permitted to grow nearer to the ground than eight feet where such limbs or foliage overhang or are over or upon land within the triangular area as shown below.

The Code Enforcement Officer is hereby empowered to order the removal of any such structure or growth within the triangle which, in his or her opinion causes a danger to traffic or public safety.

The following areas shall not be counted as part of any lot area, gross lot area or minimum lot area for purposes of this chapter, including but not limited to calculation of lot area, lot coverage or floor area ratio:

No development shall be situated on lands with steep slopes in excess of 35%, and any development proposed thereon shall require an area variance from the Zoning Board of Appeals.

The net lot area, after exclusion of the areas set forth in Subsection A above, shall be calculated, and any permissible residential density or nonresidential intensity of land shall be calculated on the net lot area. Any fractional dwelling unit shall be rounded to the nearest whole number.

During site plan, subdivision, and special use permit application review, the Planning Board shall require that development areas be located so as to avoid these constrained lands from disturbance. To the maximum extent, development shall not be sited on, nor shall development disturb, areas constrained as set forth above, unless waived by the Planning Board, due to the unique nature of the parcel and that such exclusion would render the parcel undevelopable. The Planning Board, as a condition of approval, may require the imposition of map notes to ensure that these requirements and any conditions limiting development are met.

Area variance required. A lot shall be deemed conforming as to lot area only if it meets the minimum net lot area set forth herein. Any lot area not meeting the minimum requirement shall require an area variance.

These provisions shall not apply to any lot occupied by a single-family detached dwelling for which a building permit had been issued prior to the effective date of this section, except that these provisions shall apply to any proposed subdivision of a lot containing a single-family detached dwelling.

Data to be used in calculating minimum lot area. The Code Enforcement Officer, in the case of an application requiring a building permit only, or the Planning Board shall rely on an up-to-date survey, maps showing two-foot topographic contours, and other sources of information to establish the boundaries of sensitive environmental areas. A wetland delineation and jurisdictional determination may be required. Nothing herein shall limit the Code Enforcement Officer or the Planning Board from requiring additional detailed data obtained from field or other surveys where it is determined that secondary resource data do not reasonably illustrate the boundaries of the sensitive environmental features. Where land has been altered, i.e., graded or disturbed, within the two years prior to submission of an application, the minimum lot area shall be based on the environmentally constrained lands present prior to said disturbances.