Monroe City Zoning Code
ARTICLE VII
Supplementary Regulations for Accessory Structures and Uses 1
§ 200-26 Accessory structures.
§ 200-26.1 Approvals required.
[Amended 6-13-2017 by L.L. No. 5-2017]
A.
Any structure accessory to a use and structure that requires a special use approval or site plan approval by the Planning Board itself, shall require such approval when separately proposed.
B.
When an accessory structure is proposed on a plan or project previously approved by the Planning Board, such proposed accessory structure shall be shown on a revised site plan and shall be resubmitted to the Planning Board.
C.
All proposed accessory structures require a building permit.
§ 200-26.2 Requirements for accessory structures.
[Amended 6-13-2017 by L.L. No. 5-2017]
In any district, accessory structures shall be subject to the following:
A.
Maximum height. An accessory structure shall not exceed 35 feet in height.
B.
An accessory structure shall not be located in a front yard.
C.
Lot coverage. An accessory structure, together with all other structures on the lot, shall not occupy more than the permitted lot coverage of the district in which it is located.
D.
An accessory structure cannot be larger than the principal structure on the lot.
E.
The exterior of the accessory structure must be compatible with the principal structure in appearance, design, architectural character, color and building materials.
F.
An accessory structure must meet all bulk requirements for the district in which it is located.
G.
All accessory structures must be set back 10 feet from any occupied structure or dwelling unit.
H.
In the SR-10 Zoning District, the maximum square footage for an accessory structure is 720 square feet.
I.
In the SR-20 Zoning District, the maximum square footage for an accessory structure is 1200 square feet.
J.
In the CB and GB Zoning Districts, all accessory structures shall require Planning Board site plan approval, with the exception of preexisting residential dwellings, which shall follow the SR-10 setback regulations.
K.
In the UR-M Zoning District, all accessory structures shall follow the SR-10 setback regulations.
L.
Structures permitted in front yards. The placing of flagpoles, ornamental fountains, and gate houses or other structures for security or traffic-control purposes of a nonhabitable type, may be permitted between the street line and the required minimum front setback line. The Building Inspector has the approval authority for such structures, provided the placement of such structures does not pose a safety hazard to the travelling public.
M.
Accessory structures setback regulations per district.
Setback | ||
|---|---|---|
Size and Height of Structure | SR-10 (feet) | SR-20 (feet) |
Less than 144 square feet and less than 15 feet tall | 5 | 5 |
Less than 144 square feet and greater than 15 feet tall | 10 | 10 |
Greater than 144 square feet and less than 15 feet tall | 10 | 10 |
Greater than 144 square feet and greater than 15 feet tall | 15 | 15 |
§ 200-26.3 Swimming pools and hot tubs.
[Amended 7-6-1999 by L.L. No. 3-1999; 6-13-2017 by L.L. No. 5-2017]
A.
Rear yard. A pool or hot tub shall be located in a rear yard only, except if said pool or hot tub is located within the principal building on the site.
B.
Setback. A private in-ground or aboveground swimming pool shall not be located closer than 15 feet to any lot line or principal building; or, in the case of a corner lot, closer than 25 feet to any lot line along an abutting street. A hot tub shall not be located closer than 10 feet to any lot line, nor closer than 5 feet from the principal building on a site.
C.
Drainage. The drainage of a pool shall be adequate and shall not interfere with the Village water system, with sanitary facilities or with public streets or with adjacent properties.
D.
Lighting and noise. Lighting or spotlighting may be installed, but shall not be permitted to throw any rays beyond the bounds of the lot where said pool is located. No loudspeaker or amplifying device shall be permitted which can be heard beyond the boundaries of the property lines where said pool is located.
E.
Abandonment or permanent discontinuance. If any pool is abandoned or permanently discontinued, the owners of the land upon which it is located shall completely fill the pool area and return the surface to its original state, or shall remove the aboveground pool structure and return the surface to its original state.
F.
Electrical inspection. No certificate of compliance or occupancy shall be issued until the related electrical work has been inspected and certification has been issued by a Village of Monroe approved Electrical Inspection Agency.
G.
Building permit and certificate of compliance. No pool shall be installed without the issuance of a building permit, the issuance of which shall certify that the plans and specifications meet the criteria outlined above, as well as the provisions outlined in the New York State Residential Building Code. Upon completion of said pool, a certificate of compliance shall be required. Said certificate shall confirm that said pool conforms to the approved plans and specifications.
§ 200-26.4 Satellite dish antennas.
Satellite dish antennas (earth receiving stations) are subject to the following supplementary requirements:
A.
Size limitation. Satellite dish antennas may be permitted accessory to residential or nonresidential uses as noted in the Table of District Uses and Bulk Requirements,[1] provided that they have a maximum radius of four feet.
[Amended 6-13-2017 by L.L. No. 5-2017]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
B.
Building permit. The installation of a satellite dish antenna shall require the issuance of a building permit.
C.
Screening. The satellite dish antenna must be screened from the street and adjoining property owners with foliage of such height and density so as to screen said antenna during the entire year.
D.
Location. The satellite dish antenna shall be located on the ground and shall not be located on any trailer or portable device.
E.
Setback. The satellite dish antenna shall be located in the side or rear yards of a lot only and shall be an accessory structure requiring compliance with all minimum setback dimensions stated in the Table of District Uses and Bulk Requirements.
F.
Elevation. The satellite dish antenna shall not be connected to or placed upon any roof and shall not at any point be elevated to or reach a height of more than 15 feet above the natural grade of the subject lot. In no event shall the natural grade be changed by any means in order to increase the elevation of the antenna.
§ 200-26.5 Fences and retaining walls.
[Added 6-13-2017 by L.L. No. 5-2017]
A. FENCE FRONT YARD HEIGHT REAR YARD SIDE YARD RETAINING WALL
Definitions. As used in this section, the following terms shall have the meaning indicated:
Any 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.
Applies 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.
The distance measured from the existing grade to the top of the fence.
Applies 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.
Applies 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.
A wall that holds back earth or water and is greater than two feet in height.
B.
Approval required. No fence, wall or other type of construction shall be erected without a building permit issued by the Building Inspector. The Building Inspector shall secure approval of the Department of Public Works Superintendent and the Bureau of Fire Prevention, where applicable.
C.
Application for permit; issuance.
(1)
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a survey showing the proposed location of any fence, location of easements, if any, the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village, and be accompanied by an appropriate fee. Upon approval by the Building Inspector, a permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.
(2)
Notwithstanding the provisions of this section, the Building Inspector may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Building Inspector of the Village of Monroe. The Building Inspector may deny such application if it is found that the application for such fence is not appropriate and unnecessary. Upon such denial, the applicant may appeal the Building Inspector's decision to the Zoning Board of Appeals of the Village of Monroe by notice to the same within 30 days of such denial. In the event that the Zoning Board of Appeals substantiates the denial of the Building Inspector, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.
D.
Height limitations and restrictions. All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property. On any corner lot, 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. 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.
(1)
Residential height limitations and restrictions:
(a)
Rear yard: no fence shall be more than eight feet in height.
(b)
Side yard: no fence shall be more than six feet in height.
(c)
Front yard: no fence shall be more than four feet in height. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk, but in no event may it be less than one foot back from the front line and/or property line. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.
(2)
Commercial height limitations and restrictions:
(a)
Fences around industrial, manufacturing and commercial uses for security purposes, screening or containing hazardous materials are permitted up to eight feet in height and may be located along any side or rear lot line or within any side or rear required yard or setback, but may not be located along the front line or within any front required yard or setback.
(b)
In any commercial or industrial district, a fence wall or evergreen hedge of a height not less than six feet nor more than 10 feet may be required by the Planning Board to screen the view of an adjoining or neighborhood residence property. The design and location of such screening shall be approved by the Planning Board.
 |
E.
Prohibited fences.
(1)
Barbed wire.
(2)
Short, pointed fences.
(3)
Canvas fences.
(4)
Cloth fences.
(5)
Electrically charged fences.
(6)
Poultry fences.
(7)
Turkey wire.
(8)
Temporary fences such as snow fences.
(9)
Expandable fences and collapsible fences, except during construction of a building.
(10)
Any fence, wall or similar structure, as well as shrubbery which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires or an obstruction to men and equipment for combating fires which may affect public safety is hereby expressly prohibited.
F.
Materials and composition.
(1)
All chain-link fences erected shall be erected with the closed loop at the top of the fence.
(2)
All entrances or gates shall open into the property, except for fencing around pools.
(3)
Fences shall be substantially constructed, presenting their fronts (side of the fence without visible supports and cross members) to the street and surrounding properties.
(4)
All fences shall be properly constructed and erected and maintained in a manner so as not to fall into disrepair, and if not so maintained, may be declared a nuisance and shall be abated in conformance with this chapter.
G.
Requirements for retaining walls.
(1)
Minimum setback for retaining walls which rise above the grade of the public right-of-way or adjacent property: one foot for each one foot of height.
(2)
Minimum setback for retaining walls below grade of public right-of-way or adjacent property: 10 feet or one foot for each one foot of height, whichever is greater.
(3)
Maximum height of retaining wall: 12 feet, provided that no retaining wall shall have a top-of-wall elevation that is higher than the elevation of the principal structure located on the same lot.
(4)
For retaining walls over three feet in height visible from the road or adjacent property, the use of a smooth concrete wall shall not be permitted. The exterior of all such walls shall be natural materials or textured concrete, so as to minimize the negative visual impact of the wall.
(5)
Retaining walls over five feet in height shall have a fence at least four feet in height at the top of the wall to ensure safety.
(6)
The design of any retaining wall structure must address the aspects of foundation bearing capacity, sliding, overturning, drainage and loading systems. All retaining walls three feet in height or greater, having a driveway, structure or a slope of 1/3 or higher located above it, shall be designed by a licensed engineer and shall be approved by the Building Department.
§ 200-26.6 Powers and duties of enforcing officials and agencies.
[Added 6-13-2017 by L.L. No. 5-2017]
The Building Inspector, Code Enforcement Officer, or Department of Public Works Superintendent shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply with the written direction of the Building Inspector, Code Enforcement Officer, or Department of Public Works Superintendent shall be guilty of a violation of this article and shall be subject to its penalties.
§ 200-26.7 Penalties for offenses.
[Added 6-13-2017 by L.L. No. 5-2017]
Any person, firm or corporation or his or her or its agent, servant, workman or employee violating any of the provisions of this article shall be punishable by a fine as set forth in Chapter 1, Article II, General Penalty, § 1-14. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.
§ 200-27 Accessory use.
[Added 6-13-2017 by L.L. No. 5-2017]
An accessory use is a use which is clearly incidental or subordinate to the principal use, and located on the same premises or lot as the principal use.
§ 200-27.1 Home occupations.
[Amended 6-13-2017 by L.L. No. 5-2017]
HOME OCCUPATION — See definition in § 200-5.
Home occupations are permitted accessory uses to a residential use and require a special use permit from the Planning Board. Home occupations must conform to the following conditions:
A.
Percentage of building use. The home occupation shall be carried on wholly within the principal building or within a building or other structure accessory thereto and shall be carried on in an area not exceeding 40% of the area of the ground floor of the principal building.
B.
Employment. Not more than one person outside the resident family shall be employed in the home occupation.
C.
Residential character. There shall be no exterior display, no exterior sign (except as permitted in Article X) no parking, no storage or standing of any commercial vehicles or construction equipment, no outdoor storage of materials or the sale of any goods or the use of any chemical, mechanical or electrical equipment which is not a customary household appliance or light office equipment and no other exterior indication of the home occupation or variation from the residential character of the principal building.
D.
Permissible home occupations include but are not limited to an art studio, dressmaking, office for clergy, lawyer, physician, dentist, architect, engineer, real estate agent, accountant; and teaching of music, dancing or other instruction limited to one pupil at a time.
E.
The conducting of a clinic, hospital, kennel, barbershop, beauty parlor, pet grooming, pet boarding, photographer's salon, tearoom, tourist home, animal hospital, church or place of worship, convalescent home, funeral home or stores of any kind shall not be considered a home occupation.
§ 200-27.2 Domestic animals.
The keeping of a reasonable number of domestic animals for household purposes or as pets, and the maintenance of a private stable, is permitted accessory to a residential use subject to the following conditions:
A.
Dogs. Not more than three canines over six months old, nor more than one litter under six months old shall be permitted.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Cats. Not more than three adult cats, nor more than one litter under six months old shall be permitted.
C.
Horses. Not more than four horses with a minimum lot size of 60,000 square feet for the first horse and 20,000 square feet for each additional horse shall be permitted.
D.
Fowl and other animals. Not more than 25 fowl, nor more than four domestic animals other than dogs and cats shall be permitted, provided that the lot containing such animals or fowl contains a minimum lot area of 60,000 square feet for the first such domestic animal; and 20,000 square feet for each additional domestic animal; and 20,000 square feet for each five fowl.
E.
Setback. There shall be no stable or similar animal or fowl housing or storage or manure within 200 feet of any adjacent dwelling.
F.
Containment. All animals shall be contained by fence or leash within the boundaries of the owner's property. Any penning area less than one acre in size shall be set back 50 feet from any lot line.
G.
Existing conditions. Notwithstanding the provisions of Subsections A and B above, a resident of a single-family detached dwelling keeping more than the prescribed number of adult dogs or cats who registers that fact with the Building Inspector within 90 days of the adoption of this chapter shall be allowed to keep those same adult pets for the length of the lives of those pets. In such instance, no new adult dogs and/or cats shall be added until a number less than three cats and/or dogs has been achieved. Then Subsections A and B above will apply fully.[1]
[1]
Editor's Note: Former § 200-38.1, Day care, as added 5-16-2000 by L.L. No. 4-2000, which immediately followed this section, was repealed 6-13-2017 by L.L. No. 5-2017.
Editor's Note: Former § 200-38.2, Sidewalks and outdoor cafes, which immediately followed this section, was redesignated as a chapter 6-13-2017 by L.L. No. 5-2017; see Ch. 147, Outdoor Cafes.