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Monroe City Zoning Code

ARTICLE V

Supplementary Lot and Setback Regulations 1

§ 200-14 General requirements.

[Amended 6-13-2017 by L.L. No. 5-2017]
No principal structure shall be located closer to any street or property line than in conformity to the required minimum setbacks displayed in the Table of District Use and Bulk Requirements.

§ 200-15 Front setback exceptions.

A. 
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.
B. 
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.
C. 
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]
[1]
Editor's Note: Original Subsection D, Structures permitted in front yards, which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017.

§ 200-16 Measurement of front setbacks.

A. 
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.
B. 
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
C. 
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.
D. 
Through lots. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

§ 200-17 Side and rear setback exceptions.

The following structures shall not be included in calculating yard requirements:
A. 
Chimneys, arbors, open trellises, unroofed steps or terraces (when the latter is not higher than one foot from the ground level).
B. 
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.
C. 
Awning or movable canopy. An awning or movable canopy may project not more than 10 feet into a required setback.[1]
[1]
Editor's Note: Original Subsection D, Retaining walls, fences or masonry walls, as amended 7-6-1999 by L.L. No. 3-1999, which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017. Said local law also redesignated former Subsections E through H as Subsections D through G, respectively.
D. 
Overhanging roof. An overhanging roof may not project into a required setback in excess of 10% of the required yard setback.
[Amended 6-13-2017 by L.L. No. 5-2017]
E. 
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
F. 
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.
[Amended 6-13-2017 by L.L. No. 5-2017]
G. 
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.

§ 200-18 Corner lots.

[Amended 6-13-2017 by L.L. No. 5-2017]
On a corner lot, front yards are required on both street frontages; and one yard other than the front yards shall be deemed to be a rear yard; and the other (or others) a side yard(s). The minimum setback requirements for each shall be complied with.
200 Sight Triangle 1.tif
A. 
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.
B. 
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.

§ 200-19 Existing small lots in all residential zones.

[Amended 6-13-2017 by L.L. No. 5-2017]
A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter which has a total lot area or lot width less than as prescribed herein may be used for a one-family dwelling, provided that such lot shall be developed in conformity with all applicable zone regulations, other than the minimum lot area and lot width requirements, and with the minimum side setbacks set forth below:
For One-Family Residence In:
For Lots With Width
(feet)
Minimum Side Setback
(feet)
Total Both Side Setbacks
(feet)
SR-20 Zone
50 to 99
6
20
SR-10 Zone
50 to 99
4
15

§ 200-20 Exceptions to lot coverage.

In computing lot coverage, no solar collection equipment, reflector or similar device shall be considered unless the solar collector or related device is incorporated into the floor area of the building.

§ 200-20.1 Deduction of constrained lands from lot area; avoidance of constrained lands during construction.

[Added 3-5-2024 by L.L. No. 4-2024]
A. 
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:
(1) 
One hundred percent of wetlands, including New-York-State-designated wetlands but excluding the 100-foot regulated adjacent area, and wetlands regulated by the U.S. Army Corps of Engineers, as those wetlands now exist or may be found to exist;
(2) 
One hundred percent of lands under water, and lands covered by natural or constructed water bodies, including, without limitation, existing retention and detention basins;
(3) 
Fifty percent of lands with steep slopes equal to or greater than 25%;
(4) 
Fifty percent of areas subject to the 1% annual flood (100-year) as defined by and illustrated on the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps as those maps now exist or as they may be amended from time to time;
(5) 
Fifty percent of lands encumbered by easements or other restrictions, including utility easements, preventing use of such land for construction of buildings, uses, and/or development.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
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.

§ 200-21 Flag lots.

[Amended 4-3-2018 by L.L. No. 3-2018]
Flag lots are prohibited. A "flag lot" is an 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.