Monroe City Zoning Code
ARTICLE VI
Supplementary Building Requirements 1
§ 200-22 Permitted height exceptions.
[Amended 6-13-2017 by L.L. No. 5-2017; 9-14-2023 by L.L. No. 11-2023]
A.
The height limitations of this chapter shall not apply to:
(1)
Roof projections, including bell towers, spires, belfries or steeples; flagpoles; radio or television towers; chimneys or smokestacks; radio or television aerials; skylights; water towers; elevator penthouses; cooling towers; solar energy collection equipment, reflectors or tanks; rooftop bulkheads, fire towers, hose towers, cooling towers or air-conditioning or heating equipment, provided that such features shall not occupy, in the aggregate, more than 10% of the total roof area to which they are a part, and provided that the same do not exceed the building height limitations by more than 15 feet and are set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located. All mechanical equipment located on the tops of buildings shall be visually screened, subject to Planning Board approval.
(2)
Wall extensions. Parapet walls or cornices which do not exceed the maximum height requirement for the district in which they are located by more than four feet.
(3)
Solar energy systems. Solar energy systems, provided that such systems shall be erected only to the height necessary to accomplish the purposes they are intended to serve.
B.
No residential structure or addition to a residential structure shall be approved where the proposed grade plane is more than three feet above the existing preconstruction grade plane.
§ 200-23 Courts.
[Amended 6-13-2017 by L.L. No. 5-2017]
§ 200-24 Spacing.
A.
Principal buildings. The distance between two principal buildings on the same lot shall be no less than the height of the taller building.[1]
B.
Distance from windows. Notwithstanding any other provision and except as provided hereinafter, no multifamily residential building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70° on each side of a line perpendicular to the center of any legally required window (other than a bathroom or kitchen window) and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80°. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is part of the same or of another building on the lot.
C.
Diagramming. Proper diagramming shall be included on all site plans for clarification of distance.
§ 200-24.1 Floor area ratio (FAR) for single-family detached and two-family dwellings.
[Added 5-18-2021 by L.L. No. 4-2021; amended 11-6-2023 by L.L. No. 21-2023]
A.
Purpose. The Board of Trustee's purpose in establishing maximum FAR is to effectuate a primary goal of the Comprehensive Plan, which is to maintain the existing scale of residential neighborhoods, protect the character of the Village, and reasonably scale residential development to provide the greatest opportunity for the quiet enjoyment of residential life in the Village. In residential districts, this protection is best described by the floor area ratio of building to lot size. The Village Board considers any increase whatsoever in maximum floor area ratio to be "substantial" and will result in an undesirable change in the character of the neighborhood in which it is proposed.
B.
Variance of FAR. Where a variance of FAR is sought, the Village Board requests that during its deliberations the Zoning Board of Appeals take into consideration the purpose of FAR as stated herein.
C.
Applicability.
(1)
This section shall apply to all single-family detached dwellings and all two-family dwellings in all districts, whether said dwellings are conforming or nonconforming as to bulk, as follows:
(2)
This section shall not apply to:
(a)
Any application for a building permit to alter the interior space of a single-family detached or two-family dwelling which alteration does not enlarge the floor area of the dwelling.
(3)
Nothing herein shall be construed to permit a single-family detached dwelling or two-family dwelling to be constructed, altered and/or modified such that it exceeds the maximum building height or maximum number of stories set forth in the Table of District Uses and Bulk Regulations of this chapter absent an area variance received from the Zoning Board of Appeals of the Village of Monroe.
D.
FAR Schedule. The maximum allowable gross floor area of any single-family detached dwelling or two-family dwelling regulated herein shall be determined by multiplying the gross lot area by the FAR set forth in the FAR Schedule below.
Residential FAR Schedule | ||||
|---|---|---|---|---|
Lot Size (square feet) | FAR | Maximum Lot Size in This Lot Size Range (square feet) | Maximum Gross Floor Area in This Range (square feet) | |
Less than 5,000 | 0.2800 | 4,999 | 1,400 | |
5,000 | 5,999 | 0.2700 | 5,999 | 1,620 |
6,000 | 6,999 | 0.2600 | 6,999 | 1,820 |
7,000 | 7,999 | 0.2500 | 7,999 | 2,000 |
8,000 | 8,999 | 0.2400 | 8,999 | 2,160 |
9,000 | 9,999 | 0.2300 | 9,999 | 2,300 |
10,000 | 10,999 | 0.2200 | 10,999 | 2,420 |
11,000 | 11,999 | 0.2100 | 11,999 | 2,520 |
12,000 | 12,999 | 0.2000 | 12,999 | 2,600 |
13,000 | 13,999 | 0.1900 | 13,999 | 2,660 |
14,000 | 14,999 | 0.1800 | 14,999 | 2,700 |
15,000 | 15,999 | 0.1700 | 15,999 | 2,720 |
16,000 | 16,999 | 0.1650 | 16,999 | 2,805 |
17,000 | 17,999 | 0.1600 | 17,999 | 2,880 |
18,000 | 18,999 | 0.1550 | 18,999 | 2,945 |
19,000 | 19,999 | 0.1500 | 19,999 | 3,000 |
20,000 | 20,999 | 0.1450 | 20,999 | 3,045 |
21,000 | 21,999 | 0.1400 | 21,999 | 3,080 |
22,000 | 22,999 | 0.1350 | 22,999 | 3,105 |
23,000 | 23,999 | 0.1300 | 23,999 | 3,120 |
24,000 | 24,999 | 0.1250 | 24,999 | 3,125 |
25,000 | 25,999 | 0.1200 | 25,999 | 3,120 |
26,000 | 26,999 | 0.1150 | 26,999 | 3,105 |
27,000 | 27,999 | 0.1100 | 27,999 | 3,080 |
28,000 | 28,999 | 0.1050 | 28,999 | 3,045 |
29,000 | 29,999 | 0.1000 | 29,999 | 3,000 |
30,000 | 34,999 | 0.0950 | 34,999 | 3,325 |
35,000 | 39,999 | 0.0900 | 39,999 | 3,600 |
40,000 | 44,999 | 0.0850 | 44,999 | 3,825 |
45,000 | 49,999 | 0.0800 | 49,999 | 4,000 |
50,000 | 54,999 | 0.0750 | 54,999 | 4,125 |
55,000 | 59,999 | 0.0700 | 59,999 | 4,200 |
60,000 | 64,999 | 0.0650 | 64,999 | 4,225 |
65,000 | 69,999 | 0.0625 | 69,999 | 4,375 |
70,000 | 74,999 | 0.0600 | 74,999 | 4,500 |
75,000 | 79,999 | 0.0575 | 79,999 | 4,600 |
80,000 | 84,999 | 0.0550 | 84,999 | 4,675 |
85,000 | 89,999 | 0.0525 | 89,999 | 4,725 |
90,000 | 94,999 | 0.0500 | 94,999 | 4,750 |
95,000 | 99,999 | 0.0475 | 99,999 | 4,750 |
100,000 | 109,999 | 0.0450 | 109,999 | 4,950 |
110,000 | 119,999 | 0.0425 | 119,999 | 5,100 |
120,000 | 129,999 | 0.0400 | 129,999 | 5,200 |
130,000 | 139,999 | 0.0375 | 139,999 | 5,250 |
140,000 | 149,999 | 0.0350 | 149,999 | 5,250 |
150,000 | --- | 0.0350 | 150,000 | 5,250 |
E.
Procedures.
(1)
Upon receipt of a building permit application for a single-family dwelling, two-family dwelling or accessory building regulated herein, or upon submission of an application for site plan approval, the Building Inspector shall determine whether the proposed dwelling complies with or exceeds the maximum gross floor area permitted herein.
(2)
Application that complies with the maximum gross floor area. If an application does not exceed the maximum gross floor area, the Building Department shall permit the applicant to proceed with the building permit application and/or process the application for site plan approval for consideration by the Planning Board.
(3)
Application in excess of the maximum gross floor area. Applications for a building permit or site plan approval which exceed the maximum gross floor area shall require an area variance from the Zoning Board of Appeals. In considering the variance application, the Zoning Board of Appeals may consider, as part of its analysis of impact to neighborhood or community character, design guidelines, if any, adopted by the Board of Trustees by local law or by resolution. The Zoning Board of Appeals may also, at its sole discretion, refer the application to a licensed architect for an advisory opinion.
§ 200-25 Waiver of setbacks.
[Amended 6-13-2017 by L.L. No. 5-2017]
No side yard setback or rear yard setback shall be required where such portion of the lot abuts the right-of-way of a railroad, limited access highway or utility transmission line at least 50 feet in width.
§ 200-25.1 Out of character dwellings.
[Added 9-14-2023 by L.L. No. 17-2023]
A.
Where the construction of a single-family detached dwelling or the expansion of a dwelling involving more than 250 square feet (or where expansions within any five-year period total more than 250 square feet) exceeds any of the following thresholds, it shall be considered to be out of character with its neighborhood and therefore subject to site plan approval and architectural review by the Planning Board. For purposes of determining compliance with these thresholds, the neighborhood shall be determined to be comprised of those eight nearest single-family detached dwellings located in the same zoning district, fronting on the same street, or such fewer homes as are so located where less than eight exist.
(1)
Proposed habitable (livable) floor area exceeds more than 120% of the average "living area" of the neighborhood as reported in the tax records of Orange County. The Building Department may rely on the Orange County GIS Parcel Viewer to determine if this standard is exceeded.
(2)
A basement is proposed where at least 75% of the neighborhood does not have a basement.
(3)
A flat or mansard roof or any roof with a pitch of less than 4/12 is proposed where at least 75% of the neighborhood have roofs pitched at 4/12 or greater.
(4)
A second story where at least 75% of the neighborhood dwellings have one story.
(5)
Lot coverage that is greater than 110% of the neighborhood average. The Building Department may rely on the Orange County GIS Parcel Viewer (particularly lot area, first floor areas and the reported size of improvements) to determine if this standard is exceeded.
B.
The following thresholds shall also trigger site plan and architectural review:
(1)
Irrespective of the front setback requirement, a dwelling or addition to a dwelling that is proposed closer to the street line than both of two adjoining existing neighboring dwellings, where such dwellings front on the same street and are located within 200 feet.