Monroe Town City Zoning Code
ARTICLE V
Special Uses
§ 57-11 General procedural requirements.
A.
Approval of special use permits. The Town Board authorizes the Planning Board to grant special use permits as set forth herein.
B.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 57-65, without the necessity of a decision or determination of the Building Inspector.
C.
Conditions attached to the issuance of special use permits. The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met prior to the issuance of any building permit.
D.
Waiver of requirements. Unless expressly prohibited by this Zoning Chapter and the specific standards set forth in § 57-13, the Planning Board, when reasonable, may waive any requirements set forth in § 57-13 for the approval, approval with modifications or disapproval of a special use permit. Any such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver can be granted by implication and any waiver must be granted by specific affirmative vote of the majority of the full membership of the Board based upon findings required herein.
E.
Public hearing and decision on special use permits. The Planning Board shall conduct a public hearing within 62 days from the day a complete application is received on any matter referred to it under this article. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The applicant shall send the notice of public hearing to all persons included on the list of names and addresses utilized for the initial notification required under § 57-16A of the Zoning Chapter. The names and addresses of the owners to be notified of the hearing shall be as they appear on the latest assessment roll of the Town of Monroe (and any adjoining municipalities) and as furnished to the applicant by the Tax Assessor of the municipality. Such notice shall be sent by certified mail, return receipt requested, no less than 10 days prior to the hearing. Proof of such mailings and receipts for same shall be filed with the Planning Board prior to or at the time of the hearing. The Planning Board shall decide upon the application within 62 days after the close of the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
F.
Notice to applicant and Orange County Planning Department. As per § 274-b of New York State Town Law, at least 10 days before such hearing, the Planning Board shall mail notices thereof to the applicant and to the Orange County Planning Department which notice shall be accompanied by a full statement of such proposed action.
G.
Compliance with SEQRA. The Planning Board shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and implementing regulations.
H.
Minutes and records. The Secretary of the Planning Board shall keep minutes of the Board's proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Planning Board and shall be a public record. Each decision of the Planning Board with respect to the approval of a special use shall be stated and documented as to provide a definitive authorization to the Building Inspector for the issuance of a building permit or certificate of occupancy.
I.
Site plan. Any application for a special use permit shall require site plan approval to be issued concurrently by the Planning Board in accordance with the site plan regulations contained in this Zoning Chapter.
J.
Deemed to be a conforming use. Any use for which a special use permit has been granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require reapproval of the special use permit by the Planning Board in accordance with the special use permit application and approval procedures contained herein. For purposes of this section, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage, or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking.
K.
Inspections. In connection with the issuance of a special use permit, the Planning Board may schedule inspections to be conducted by the Building Inspector to ensure continued compliance with this Zoning Chapter and any conditions of the special use permit.
L.
Existing violation. No special use permit shall be issued for a property in violation of this Zoning Chapter unless the granting of a special use permit and site plan approval will result in the correction of said violation.
M.
Expiration. A special use permit shall be deemed to have expired if construction is not completed and a certificate of occupancy issued within 180 days of the date of issuance. Extension of such authorization may be granted by the Planning Board for not more than two additional ninety-day periods upon a written request by the applicant fully setting forth the reasons for such request or upon the Board's own motion. A special use permit shall be deemed to have expired if it ceases operation for a time period equal to or greater than 12 consecutive months for any reason.
N.
Fees. An application fee shall accompany the special use permit application in an amount established in the fee schedule duly adopted by the Monroe Town Board.
O.
Special use standards. Special uses shall meet all other regulations established in this Zoning Chapter. Where any standard in the Zoning Chapter varies from the individual special uses set forth below, the more restrictive of the standards shall prevail, unless specifically set forth in § 57-13 below.
§ 57-12 Special use permit standards for individual special uses.
On application and after public notice and hearing, the Planning Board may approve by resolution, the issuance of a special use permit for uses that require a permit under this Zoning Chapter. In authorizing a special use permit, the Planning Board shall take into consideration the expressed intent of this Zoning Chapter, the general public health, safety, and welfare, and shall prescribe appropriate conditions and safeguards to ensure accomplishment of the following objectives:
A.
Such use shall be one which is specifically authorized as a special use in the district within which such particular site is located.
B.
The proposed use shall be deemed to be compatible with adjoining properties, and with the natural and built environment of its surrounds, and shall not be prejudicial to the character of the neighborhood.
C.
The site is accessible to fire, police, and other emergency vehicles.
D.
The special use is suitable to its site upon consideration of its scale and intensity in relation to environmentally sensitive features, including but not limited to steep slopes, floodplains, wetlands, and watercourses.
E.
Adequate screening and separation distances are provided to buffer the use from adjacent properties where the authorized board deems it necessary.
F.
Exterior lighting shall not negatively impact adjoining properties.
G.
The use will not negatively impact ambient noise levels, generate excessive dust or odors, release pollutants, generate glare, or cause any other nuisances.
H.
Parking shall be sufficient so as to not create a nuisance or traffic hazard on adjacent properties or roads.
I.
Vehicular, pedestrian and bicycle circulation, including levels of service and roadway geometry, shall be safe and adequate to serve the special use. The Planning Board shall determine that, when taken in conjunction with other existing land uses, it will not generate traffic that would result in an undue burden upon the available access streets. Every effort shall be made to preserve existing trail routes, and where necessary and appropriate, incorporate new trail routes and connections.
J.
The location, arrangement, size, and design of the special use, including all principal and accessory buildings and structures associated with same, shall be compatible with the character of the neighborhood in which it is situated and shall not hinder or negatively impact the use, enjoyment or operation of adjacent properties and uses.
K.
Utilities, including stormwater, wastewater, water supply, solid waste disposal and snow removal storage areas, shall be adequate to serve the special use.
L.
The use shall not negatively impact the visual, scenic or historic character of the Town of Monroe or its environs, and shall incorporate said features into the design of the special use where the Planning Board determines it is practicable.
M.
The building's architecture shall be deemed to be consistent and suitable with the neighborhood within which it is located.
N.
Landscaping shall be integrated into the overall design of the special use, and shall include a mix of undisturbed woodland, and areas not used for building, parking, or driveways shall be revegetated and landscaped as required by this Zoning Chapter.
§ 57-13 Individual standards for certain uses.
[Amended 7-11-2022 by L.L. No. 5-2022; 4-17-2023 by L.L. No. 5-2023; 9-3-2024 by L.L. No. 6-2024]
In addition to the general standards set forth in § 57-12 above, the following requirements shall apply to individual special uses:
A.
Adaptive reuse of a historic building. The purpose of this special use is to assist in the preservation of the cultural heritage of the Town of Monroe by allowing certain uses to be allowed in structures of historic and architectural merit in a residential zoning district. These uses shall be in addition to any use which is otherwise allowed in zoning district in which the building is located. The following uses may be permitted by special use permit granted by the Planning Board, provided that the Board finds that the application meets all the general conditions of § 57-12 and further meets all the applicable conditions set forth herein.
(1)
Allowable uses include:
(a)
Artists' or artisans' studios.
(b)
Art galleries and museums.
(c)
Antique shops.
(d)
Rare book, coin or stamp shops.
(e)
Sit-down restaurants not to exceed an average seating capacity of 50 unless the Planning Board determines that preservation of the structure necessitates a larger size.
(f)
Professional offices not to exceed six employees.
(g)
Special uses of low traffic volume, normally associated with history, the arts or cultural uses, appropriate to the structure and compatible with the neighborhood.
(2)
The historic building shall be listed on the National Register of Historic Places, the State Register of Historic Places, or shall be eligible for listing, or shall be designed locally by the Town of Monroe in accordance with the regulations contained in this Zoning Chapter. Evidence of said eligibility shall be made by submission of a Historic Resource Survey conducted in accordance with guidelines promulgated by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP). The historic survey shall be submitted to the NYS OPRHP and that agency shall determine eligibility.
(3)
The minimum lot area shall be one acre unless the Planning Board finds that the use can be conducted on a smaller lot and meet the standards set forth herein.
(4)
There shall be no exterior alteration of the structure except where said alteration makes the building or property consistent with its original historic character. The Planning Board may require that the building be improved to historic design standards as a condition of approval. Continuing maintenance of the building to protect its historic character shall be a condition of any special use permit.
(5)
A site plan shall be submitted and said submission is not waivable. The site plan shall be accompanied by schematic architectural drawings which shall show the existing conditions of the structure and the proposed restoration. The Planning Board shall be provided with a report from an architect qualified on historic preservation as to the appropriateness of the proposed restoration and its compliance with the Secretary of the Interior's national standards for the restoration of historic structures. Upon receipt of the report, the Planning Board must make the following findings before approval is granted:
(a)
The exterior (and where appropriate, the interior) restoration shall maintain the architectural and historic integrity of the structure.
(b)
The proposed use is compatible with the neighborhood and activities permitted within the structure can adequately be buffered from any surrounding residential home.
(c)
The resulting traffic generation will not overburden existing roads and adequate parking can be provided without unduly destroying the landscape or the setting of the structure.
(d)
The proposed use is appropriate to the structure, will aid in the preservation of the structure and will not result in undue additions or enlargement to the structure.
B.
Adult bookstores, theaters, and similar uses.
(1)
Purpose. This article is intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operations characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(3)
Adult uses shall be allowed by special use permit subject to the following conditions:
(a)
No such adult uses shall be allowed within 1,500 feet of another existing adult use or approved site for such use.
(b)
No such adult use shall be located within 500 feet of any zoning district which is zoned for residential use.
(c)
No such adult use shall be located within 500 feet of a preexisting school or place of worship.
(d)
No such adult use shall be located in any zoning district except an HI-zoned area.
(4)
Exterior display prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(5)
Registration. It shall be unlawful for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without first obtaining special use permit approval from the Planning Board, and having properly registered and received certification of approved registration. Upon issuance of a special use permit, the owner of a building or premises, his agent for the purpose of managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register with the Town Clerk of the Town of Monroe the following information:
(a)
The address of the premises.
(b)
The name of the owner of the premises and the names of the beneficial owners if the property is in a land trust.
(c)
The address of the owner and the beneficial owners.
(d)
The name of the business or the establishment subject to the provisions of this section.
(e)
The name(s) and addresses of the owner, beneficial owner or the major stockholders of the business or the establishment subject to the provisions of this section.
(f)
The date of initiation of the adult use.
(g)
The nature of the adult use.
(h)
If the premises or building is leased, a copy of the said lease must be attached.
(i)
The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises a copy of the registration form.
C.
Animal kennel or veterinary hospital. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
In considering the application for a special permit for a kennel or veterinary hospital, the Planning Board shall consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.
(2)
Animal waste shall be disposed of in a manner acceptable to the Orange County Department of Health.
(3)
Land burial of animals in association with a kennel or veterinary hospital shall be prohibited.
(4)
The minimum lot area required shall be one acre plus 500 square feet for the number of animals to be boarded.
(5)
All outdoor facilities associated directly with the kennel or veterinary hospital, whether indoors or outdoors, shall be set back a minimum of 100 feet from any property line.
(6)
The Planning Board shall evaluate potential noise impacts and shall minimize negative impacts on adjacent uses which may include the use of soundproofing or prohibition of certain outdoor activities.
(7)
The Planning Board may require screening of outdoor runs from view.
D.
Automotive service or automotive filling station. No authorization for a building permit shall be granted by the Planning Board for an automotive service or gas filling station or car washing station in any district where authorized, unless the Board shall first determine that all applicable provisions of §§ 57-51, 57-52 and 57-53 will be complied with and unless the Board shall further determine that the proposed location of such facility will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.
E.
Bed-and-breakfast. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
The operator of the bed-and-breakfast residence establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.
(2)
Bed-and-breakfast residences shall be permitted accessory only to single-family detached dwellings. However, in no case shall bed-and-breakfast residences be permitted as an accessory to a single-family detached dwelling having physical access only to a private road. The driveway serving the bed-and-breakfast residence shall have direct physical access to a public road.
(3)
Full vehicular turnaround for the single-family detached dwelling and the bed-and-breakfast residence shall be provided unless the Planning Board waives such turnaround requirement for lots having frontage on an access to a minor street.
(4)
The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.
(5)
Not more than three bedrooms of the single-family detached dwelling shall be permitted to be used as guest rooms. Upon conversion of any portion of floor area in the single-family residential dwelling to a bed-and-breakfast residence establishment, the dwelling shall retain at least one bedroom for the exclusive use for the owner of the dwelling to which the bed-and-breakfast residence is accessory.
(6)
Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.
(7)
The sanitary and water supply systems serving the dwelling shall be found to be adequate to meet the needs of the dwelling, together with the bed-and-breakfast residence use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use.
(8)
Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom.
(9)
Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.
(10)
If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guest of the bed-and-breakfast residence, those improvements shall be part of the approved site plan.
(11)
Food service shall be limited to those renting rooms.
F.
Bus passenger waiting shelter. No authorization for a building permit shall be granted by the Planning Board for a bus passenger waiting shelter unless the Board shall first determine that such use would not operate as a bus depot or bus station and further that the proposed location will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.
G.
Cemetery. No authorization for a building permit shall be granted by the Planning Board for a cemetery in any district where authorized, unless the Board shall first determine that such cemetery is appropriate to the character of its neighborhood and will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.
H.
Child day-care centers. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
Driveways shall be located at points of sight distance sufficient to afford safe ingress and egress for the posted speed limit and classification of road on which they are located.
(2)
Where practicable, day-care centers shall be provided with a one-way traffic flow. Pedestrian circulation areas should, where practicable, avoid crossing traffic circulation ways. Drop-off areas are encouraged and may be provided for temporary vehicular standing near the building entry, but, if such areas are provided, they shall be situated so as to avoid creating conflicts with entering and exiting traffic and with internal vehicular and pedestrian circulation.
(3)
Outdoor play areas shall be provided and shall be located in side or rear yard areas. Such outdoor play areas shall be enclosed by secure fencing at least four feet high unless it can be demonstrated to the satisfaction of the Planning Board that such fencing is not necessary for the protection of health and safety. Outdoor play areas shall include areas for play equipment and/or shall include open yard areas for unstructured play. Such outdoor play areas shall not exceed a ten-percent slope. Access to such play areas shall not require the need to cross a street or vehicular circulation area.
(4)
Buffer landscaping and/or fencing may be required where deemed necessary to screen and protect outdoor play areas from dust, dirt or noise or to screen and protect adjacent properties from any site-generated noise. If buffer landscaping is provided, it shall be densely planted so as to create a virtually opaque screen within two years after installation. If buffer fencing is provided, it shall provide opaque coverage and shall be situated with the finished side facing outward from the site. If provided, buffer fencing shall not exceed eight feet in height and shall be set back a distance equal to at least 1 1/2 times its height from any property line. However, in no case shall fencing or buffer landscaping be located so as to interfere with sight distance into or out of the site driveway(s). Buffer landscaping and/or fencing shall be maintained to preserve its intended function and to preserve a well-kept, attractive appearance.
(5)
Adequate off-street parking shall be provided to meet the reasonable needs of the facility. At a minimum, one space per staff member shall be provided, with one additional parking space per six children enrolled for the same time period.
(6)
Within a residential zoning district, this special permit use is allowed an additional twenty-percent lot coverage over what is otherwise allowed for a single-family detached dwelling, without or with central sewer facilities, depending on whether the use is served by central sewer.
I.
Child day camp. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
The minimum lot area shall be 100 acres.
(2)
The property shall front to and be served by a major collector road as shown on the NYSDOT Functional Classification Map included in the Town of Monroe Comprehensive Plan Update.
(3)
The principal use of the daycamp shall be intended for the seasonal, daily attendance of children between the ages of four and 18 and not for overnight occupancy.
(4)
The Planning Board may allow overnight occupancy as an incidental use for recreational, social, and cultural purposes, where non-winterized sleeping accommodations are provided for said use, and no heating or plumbing facilities are installed that permit residential year-round occupancy. The maximum continuous timeframe that overnight occupants may utilize the camp during a single season is two weeks, and a registration shall be kept to demonstrate compliance with same. Covenants precluding such occupancy shall be recorded in the County Clerk's office. The density of bungalows or tent stands or such other structures shall not exceed one dwelling unit per gross acre.
(5)
Trailer or recreation vehicle campers' facilities nor accommodations of any sort shall be offered for transient or overnight camping.
(6)
All recreational facilities, activity areas, and bungalows or tent stands shall be set back no less than 50 feet from any property line, but the Planning Board may increase said setback by more than 50 feet where it determines same is necessary to protect the health, safety and welfare of adjoining residences or residential zoning districts. The setback shall consist of evergreen or deciduous trees or shrubs to provide full visual screening during the time of the camp's occupation. Where existing vegetation does not meet this requirement, the Planning Board shall require that additional landscaping be provided.
(7)
Recreational facilities are allowed as accessory uses and include but are not limited to swimming pools, tennis courts, playgrounds, ballfields, and similar facilities.
(8)
Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property and shall not exceed 15 feet in height.
(9)
Noise. A public-address system or any other amplified noises are prohibited.
(10)
Existing child daycamp. Nothing herein shall require a preexisting child daycamp to obtain a special use permit or require the relocation of preexisting buildings or structures. At such time that a preexisting child daycamp submits a special use permit for expansion or alteration of the use, the new facilities shall comply with these standards.
(11)
Within a residential zoning district, this special permit use is allowed an additional twenty-percent lot coverage over what is otherwise allowed for a single-family detached dwelling, without or with central sewer facilities, depending on whether the use is served by central sewer.
J.
Gathering place. The following provisions shall apply to a gathering place.
(1)
Any single-family detached dwelling may be used as a gathering place.
(2)
The owner or the tenant, consisting of an individual or family, must reside on site.
(3)
The lot size should conform to the requirements of the zone in which it is located. Any variances granted in the approval of the original lot and structure will be deemed conforming.
(4)
Gathering places must comply with all applicable sections of the then-current New York State Uniform Code.
(5)
All applicable sections of the then-current New York State Uniform Code will be used to determine potential maximum occupancy limits.
(6)
Occupancy will be determined upon review of the narrative provided with the special permit application and the specifics of the site. There is no guarantee that the maximum occupancy calculated pursuant to the then-current New York State Uniform Code will be permitted as it is subject to substantive and reasoned review by the Planning Board to determine the appropriate maximum number.
(7)
The narrative shall include a general description of the proposed use including the days and times of operation. In addition, a floor plan shall be provided indicating the location of the area(s) where assembly will occur and providing the additional information as required in the then-current New York State Uniform Code.
(8)
All plans shall be prepared by a New-York-State-licensed design professional.
(9)
The special permit will remain in effect for one year and must be renewed upon expiration or it shall be deemed expired. An affidavit of no change may be presented to the Building Inspector to allow for renewal without the requirement of a further public hearing upon the requested renewal. An affidavit of no change shall include a statement granting permission for inspection by the Building Inspector/Fire Code Official to ensure compliance with the occupancy and safety requirements prior to renewal of the special permit. The Building Inspector/Fire Code Official shall conduct an annual fire inspection prior to issuing a renewal.
(10)
The permit is based upon the information submitted at the time of application. Any change to the use, ownership and characteristics as presented will necessitate filing for a revised permit for review and determination. The existence of a prior permit is not a guarantee of renewal. Applicants must demonstrate compliance with the conditions of approval for renewal or in the event of a change in circumstances obtain a revised site plan approval.
(11)
Parking. The applicant will first maximize parking spaces on site. The applicant may count spaces available in driveways within 300 feet of the gathering site, provided letters of authorization for these spaces are provided to the Planning Board and permission to utilize such spaces is not withdrawn. These spaces are to be allocated fully before on-street parking resources may be requested. No on-street parking is permitted on state or county roads. The Planning Board may count on-street parking spaces on other roads if it determines that the request is consistent with public safety and does not violate existing parking restrictions.
(12)
(Reserved)
(13)
Required number of parking spaces. The Planning Board shall determine the required number of parking spaces, consistent with the proposed assembly and then-current parking requirements for places of assembly within the Town.
(14)
Lighting. Applicant should provide the minimum effective lighting to permit safe operations. Low-level lighting or bollards are the preferred lighting device for residential and task lighting.
(15)
The gathering place should maintain the appearance of a typical residence to the maximum extent possible.
(16)
Signs are not permitted.
(17)
Grandfathering of existing gathering places without approvals is not permitted. Anyone currently operating a nonpermitted gathering place is required to file for special permit approval.
(18)
The applicant must comply with the requirements of the State Environmental Quality Review Act (SEQRA).
(19)
The Town Board shall, from time to time by resolution, establish fees for inspections, as well as issuance and renewal of permits issued pursuant to this section.
K.
Golf course. No authorization for a golf course shall be granted by the Planning Board in any district where authorized unless the Board shall first determine that the location of such use will not cause or create a nuisance to adjoining properties or to the surrounding neighborhood and that such proposed golf course shall be located on a lot at least 175 acres in size. A golf course may have a clubhouse for guest members, and the Planning Board, in its discretion, may permit sleeping guest room(s) for use exclusively by members.
L.
Hotel. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
The minimum lot area shall be two acres, and there shall be an additional lot area of not less than 1,500 square feet per hotel guest unit beyond the first 75.
(2)
Hotels may be occupied only on a transient basis, with the exception of a single hotel guest unit which may be used for occupancy by employees.
(3)
No more than two hotel guest units shall be connected directly by interior doors.
(4)
Each guest sleeping room shall have an area of at least 300 square feet and shall be equipped with a bath facility with a shower or bath, toilet and sink.
(5)
The following uses shall be permitted accessory to a hotel: recreation facilities for the sole use of guests; office and lobby; breakfast, meeting and/or conference rooms; fitness center; business center; gift shop; sundries/snack shop; bar; lounge; a restaurant or restaurant, with a total dining area not exceeding 10% of the total floor area of the hotel.
(6)
A market analysis shall be submitted demonstrating that there is a demand for said hotel space within a five-mile radius of its proposed location, taking into consideration existing or approved hotels within said area.
(7)
The Planning Board must find that the location is appropriate to the character of its surroundings; that such hotel will not be detrimental to the public health, public safety, morals and general welfare, and its operations will not negatively impact any adjoining residential zoning district or residential use by virtue of noise, lighting, odors, or other operational characteristics.
(8)
Irrespective of the bulk requirements of the district in which it is located, the maximum height of a hotel shall be four stories and 50 feet.
M.
Livestock. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
Livestock shall include goats, sheep, horses, mules and cattle and similar animals, but shall specifically exclude poultry, hogs and pigs.
(2)
Use of livestock shall specifically include the keeping, breeding, raising and boarding of such animals, including the training and rental of horses, riding instruction and horse shows and competitions.
(3)
Barns, silos and related farm buildings shall be permitted, provided that such buildings conform to the yard requirements for principal buildings.
(4)
No stable or similar animal housing, storage of manure or other odor- or dust-producing substance or use or parking of vehicles shall be permitted within 150 feet of any lot line.
N.
Membership club. No authorization for a building permit shall be granted by the Planning Board for a membership club in any district where authorized, unless the Board shall first determine that such club will serve a purely social or athletic purpose; that it will be operated on an annual membership basis and not conducted as a business; that the nature of such club will not cause or create a nuisance to adjoining properties or to its general neighborhood; and that such proposed membership club does not contain any overnight accommodations. Within a residential zoning district, this special permit use is allowed an additional twenty-percent lot coverage over what is otherwise allowed for a single-family detached dwelling, without or with central sewer facilities, depending on whether the use is served by central sewer.
O.
Mobile home park. No authorization for a building permit shall be granted by the Planning Board for a mobile home park in any district where authorized unless the Board shall first determine that the location of the park is compatible with the surrounding neighborhood and, in addition to such other requirements of this chapter as may apply, that the proposed use also meets the following standards:
(1)
Site standards.
(a)
Minimum size of mobile home park: 15 acres.
(b)
Minimum straight line distance between boundary lines of mobile home parks: 1,500 feet.
(c)
Maximum number of units per acre: 5.25.
(d)
Maximum number of units permitted in any one mobile home park: 185.
(g)
Minimum distances of units from public streets or highways and property lines.
(h)
Maximum lot coverage: 60%.
(2)
Parking. Each mobile home unit shall have two parking spaces assigned to it.
(3)
Streets and roads.
(a)
All streets within the mobile home park shall be built in accordance with the minimum construction standards for such established by the Town Board from time to time and shall further conform to the design standards contained in the Town of Monroe Planning Board regulations. All streets in a mobile home park shall be paved to a width of at least 30 feet; all streets that do not form a loop shall have a forty-foot paved radial turnaround at their terminus and shall not be over 500 feet in overall length.
(b)
All roads may be offered for dedication as a public highway to the Town of Monroe. In the event that any roads are not offered for dedication or are not accepted by the Town, suitable legal agreements satisfactory to the Town Board shall be required which permanently assure the proper maintenance of all such roads by a property owners' association or otherwise. Notwithstanding the provisions of Subsection O(3)(a) hereof, any road offered for dedication to the Town of Monroe shall be constructed to the minimum standards set forth in Chapter A63 of the Code of the Town of Monroe to all Town highways.
(c)
Vehicular access facilities shall be adequate for the estimated traffic to and from the site, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and at least 75 feet from any street intersection.
(d)
Curbs. All streets shall be constructed with curbs at both sides thereof.
(e)
Right-of-way width. The right-of-way for any street not dedicated to the Town of Monroe shall be at least 30 feet. Any street dedicated to the Town of Monroe shall have a right-of-way width of at least 50 feet.
(f)
Adequate streetlighting shall be provided by means of individual lighting at each lot along one side of each street or by means of conventional street lights placed at least every 500 feet along any street.
(4)
Utilities, sewer and water facilities.
(a)
All utilities servicing any unit within the mobile home park shall be installed underground in the manner prescribed by the applicable regulations of the utility company and/or governmental agencies having such jurisdiction.
(b)
Sewer and water facilities. All units within a mobile home park unit shall be serviced by facilities of Orange County Sewer District No. 1 or by a communal sewerage and water system duly approved in accordance with the applicable terms of the Communal Water Systems Use and Sewerage Systems Laws[1] of the Town of Monroe. No individual septic systems or wells shall be permitted.
(5)
Stormwater drainage.
(a)
A mobile home park shall have adequate facilities for drainage of surface and subsurface water.
(b)
Grading of the entire property shall be such as to facilitate the safe and efficient drainage of surface water.
(c)
Gutters, culverts, catch basins, drain inlets, stormwater sewers, approved combined storm sewers or other satisfactory drainage systems shall be utilized where deemed necessary by the Planning Board.
(7)
Supplementary building regulations. Each mobile home lot shall have:
(a)
A driveway from the street 12 feet wide and a sidewalk 30 inches wide and shall be provided from the mobile home unit to the street.
(b)
A mobile home stand capable of retaining the mobile home in a fixed position. Such stand shall be adequately compacted and at such elevation, distance and angle, in relation to the accessway, as to facilitate the safe and efficient placement and removal of the mobile home.
(c)
A four-inch concrete patio, with minimum dimensions of 10 feet by 18 feet, located so as to provide safe and easy access from the mobile home.
(d)
Skirts around each side of the mobile home unit.
(e)
Storage sheds for miscellaneous maintenance equipment, toys, lawn furniture, bicycles and the like. Such shed may encroach into any required yard area.
(f)
An inconspicuous fuel oil storage shelter, if fuel oil is used, and suitable utility connections as specified.
(g)
Utility connections, including gas connection where provided, shall be readily accessible at the mobile home stand and shall have means for safe and efficient hookup to the mobile home.
(h)
A water supply connection shall be located a safe distance from a sanitary drainage connection and shall not be subject to surface drainage. Means shall be provided for a suitable watertight connection and danger of freezing.
(i)
A sanitary drainage connection shall be at proper location relative to the mobile home, and piping shall have a continuous grade to the point of disposal. A drainage connection shall be provided with suitable fittings to permit a watertight junction to be made with the mobile home outlet.
(j)
A gas connection, if provided, shall have a suitable gastight connection to the mobile home.
(k)
The electrical system connection shall provide at least 50 amperes of current at 100 to 115/220 to 250 volts. The receptacle or terminal box shall be of an approved weatherproof type. Such receptacle shall have provision for an equipment ground.
(l)
A mobile home park shall contain facilities for the safe, efficient and aesthetically pleasing manner of storage of required fuels.
(m)
Liquefied petroleum gas storage containers having a capacity exceeding 125 gallons shall be located not less than 25 feet from the nearest mobile home structure, building and lot line and shall not be subject to damage from moving vehicles.
(n)
Fuel oil and other flammable materials shall be stored as not to be a fire hazard.
(8)
Recreational and public facilities. The following facilities shall be provided in a mobile home park:
(a)
An equipped recreation facility with an area of not less than 1/2 acre, with such equipment as may be deemed adequate by the Planning Board under the circumstances of each application.
(b)
An adequate fire protection system, including fire lanes which shall take into consideration the standards of the National Fire Protection Association and the recommendation of the Town of Monroe Fire Prevention Fire Bureau. Fire lanes shall be established along each street or road within the mobile home park by prohibiting parking along one side thereof for the entire length of each street. The mobile home park shall adopt rules and regulations to ensure that no such parking will be allowed.
(9)
Within a residential zoning district, this special permit use is allowed an additional twenty-percent lot coverage over what is otherwise allowed for a single-family detached dwelling, without or with central sewer facilities, depending on whether the use is served by central sewer.
P.
Multiple dwelling groups in UR-M District.
(1)
No authorization for a building permit shall be granted by the Planning Board for a multiple dwelling group in any UR-M District unless it meets the following standards:
(a)
The maximum density in dwelling units per acre for multiple dwelling groups shall be 12 for efficiencies, 10 for one-bedroom units, eight for two-bedroom units and five for two-bedroom-and-den or three-or-more-bedroom units.
(b)
For senior citizen multiple dwelling groups, the densities in dwelling units per acre shall be 14 for efficiencies, 12 for one-bedroom and 10 for two-bedroom units.
(c)
All units in excess of two bedrooms shall be limited to five dwellings per acre.
(2)
The maximum building height shall not exceed 35 feet or 2 1/2 stories.
(3)
The minimum lot area shall be five acres.
(4)
No building shall be erected nearer than 60 feet to any property line, with the townhouses or patio homes on individual lots which shall be located at least 25 feet from the interior front and rear lot lines and 15 feet from side lot lines. This requirement shall not prevent the common walls of attached dwellings from being located on a property line nor from preventing one side wall of a patio home from being located on a lot line.
(5)
No multiple dwelling group shall be located so as to have access only to minor street or cul-de-sac.
(6)
There shall be a community sanitary plant and a community water supply plant adequate to serve the development.
(7)
There shall be adequate provision of space between buildings on the lot and of setbacks from driveways, if any, so as to assure ample light, air and privacy, in the interests of public health, safety and general welfare. The distance between any two buildings shall not be less than the height of the higher of such two buildings.
(8)
Any parking or garage area, service or drying yard or recreation area shall be screened so as to protect neighboring properties adequately, as well as to assure an attractive environment within the multiple dwelling group site.
Q.
Place of worship. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
A maximum floor area ratio (FAR) of 0.25 shall not be exceeded. The FAR shall apply to all principal and accessory buildings and structures applicable to the use.
(2)
The maximum development coverage shall not exceed 45%.
(3)
The use shall be located on a lot with no less than one acre.
(4)
All structures and parking shall be screened from adjacent properties by evergreen plantings of sufficient height and diameter to substantially eliminate noise and traffic. The width of the planting screen shall not be less than 25 feet, and the Planning Board may require a wider buffer to meet this objective.
(5)
All parking shall be screened by evergreen or other coniferous trees no less than 2.5 inches in diameter breast height, or with a minimum planting height of six feet, whichever is greater, which trees shall be maintained at all times and replaced if damaged or otherwise destroyed so as to inhibit their screening ability.
(6)
Parking requirements shall be determined based upon peak attendance, notwithstanding the frequency of any peak attendance event, and the number and layout designed in accordance with Article XII of the Zoning Chapter.
(7)
The place of worship shall maintain frontage on a major collector as identified in the Town of Monroe Comprehensive Plan Update.
(8)
All structures shall be in harmony with the surrounding neighborhood and be of a similar design aesthetic.
(9)
No parking or loading shall be permitted between the structure and any street line on which the property fronts, although a drop-off shall be permitted in the front yard. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height to eight feet from all adjacent residential properties and the public street.
(10)
Where the structure is a single-family detached dwelling, the owner or tenant must reside on the site.
(11)
The structure must comply with all applicable sections of the current New York State Uniform Code.
(12)
With the exception of waivers to the New York State Uniform Code over which the Planning Board has no jurisdiction, the Planning Board shall have discretion to waive any number of these conditions to the extent necessary if same place a substantial burden on the religious exercise of a person, religious assembly or institution.
(13)
Within a residential zoning district, this special permit use is allowed an additional twenty-percent lot coverage over what is otherwise allowed for a single-family detached dwelling, without or with central sewer facilities, depending on whether the use is served by central sewer.
R.
Public or private school. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
The school shall be chartered by the Board of Regents.
(2)
The school shall maintain frontage on a major collector as identified in the Town of Monroe Comprehensive Plan Update.
(3)
The school shall meet the standards published in the Manual of Planning Standards for School Buildings, March 1998, as amended, published by the State of New York, The State Education Department, Office of Facilities Planning.
(4)
A maximum floor area ratio (FAR) of 0.25 shall not be exceeded. The FAR shall apply to all principal and accessory buildings and structures applicable to the use.
(5)
The maximum development coverage shall not exceed 45%.
(6)
The use shall be located on a lot with no less than one acre.
(7)
All structures and parking shall be screened from adjacent properties by evergreen plantings of sufficient height and diameter to substantially eliminate noise and traffic. The width of the planting screen shall not be less than 25 feet, and the Planning Board may require a wider buffer to meet this objective.
(8)
All parking shall be screened by evergreen or other coniferous trees no less than 2.5 inches in diameter breast height, or with a minimum planting height of six feet, whichever is greater, which trees shall be maintained at all times and replaced if damaged or otherwise destroyed so as to inhibit their screening ability.
(9)
Parking requirements shall be determined based upon peak attendance, notwithstanding the frequency of any peak attendance event, and the number and layout designed in accordance with Article XIII of the Zoning Chapter.
(10)
Within a residential zoning district, this special permit use is allowed an additional twenty-percent lot coverage over what is otherwise allowed for a single-family detached dwelling, without or with central sewer facilities, depending on whether the use is served by central sewer.
S.
Public utility building or structure; utility tower. No authorization for a building permit shall be granted by the Planning Board for a public utility building or structure or utility tower in any district where authorized as a special use, unless the Board shall first make the following determinations:
(1)
Such use will not include any storage yard, garage or repair shop.
(2)
Any request for installation of high tension electric transmission lines shall be studied with respect to their impact on the community and the possibility of damaging effects on surrounding properties or of detriment to the public safety.
(3)
No installation of a natural gas regulator or transformer station shall be made in any residential district if adequate service can be provided by locating said transformer station in a business or industrial district. All such installations shall have suitable screening.
T.
Self-service storage facilities. No authorization for a building permit shall be granted by the Planning Board unless the use meets the following standards:
(1)
Site and design requirements:
(a)
Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii where applicable to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet for either one- or two-way traffic flows.
(b)
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Planning Board approval of the exterior finish of the same and other elements in Subsection T(1)(c). Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection T(1)(h).
(c)
Aesthetic, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well-landscaped and maintained facility and to avoid a monotonous or fortress-like appearance to the extent that the facility may be visible off site. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including their roof pitch, shall be reviewed by the Planning Board as to their conformity with surrounding structures and community character to the degree said structures are visible to other properties. Security lighting shall be provided on the site but in no case shall lighting be directed so as to cause a nuisance or hazard to other properties.
(e)
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, toxic, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site either by lessees of storage units or by the owners or operators of the site. Parking spaces required pursuant to Subsection T(3) may not be rented as nor used for vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection T(3) of this section may be provided for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft except that, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage shall be permitted subject to Planning Board approval. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles at a self-service storage facility.
(f)
Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single, self-service storage facility.
(g)
Drainage. Adequate drainage control measures shall be provided on the site so as to avoid increasing the existing rates of flow off the site. Provision shall be made for protecting the quality of the surface water runoff from the site both during the operation of the site as well as during its construction.
(h)
Signs. The provisions of § 57-55 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. In no case shall any signage or other attention-getting devices be mounted to the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
(2)
Accessory uses. A leasing office for the purpose of leasing the units within the self-service storage facility may be provided on the site. A manager's apartment may be provided for the use of a resident, on-site manager in addition to an accessory leasing office. The combined total size of the manager's apartment and the leasing office may not exceed 1,200 square feet.
(3)
Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to that required for the remainder of the facility.
(4)
Separation requirements. In order to avoid an excessive concentration of such facilities in the Town of Monroe, self-service storage facilities must be separated from the bounds of a lot containing any other existing such facility or approved site for such a facility within the Town of Monroe by 1,500 feet.
U.
Two-family detached dwellings in 2F-O District.
(1)
Wastewater. Under no circumstances may a lot be used for a two-family dwelling unless that dwelling is connected to a public sewer or that a licensed professional engineer certifies and the Town Engineer verifies that based upon observed soil testing and review of a wastewater disposal system designed by a New York State licensed professional engineer that the lot may be occupied and the wastewater disposed of without resulting in a danger to public health or personal property, and that adequate separation distance is proposed to protect existing public and private wells, and that the proposed system would not preclude the viability for constructing a private well on any adjacent lot.
(2)
Single driveway. There shall be only one driveway shared by both dwelling units with a maximum width of 24 feet at any point within the front yard. A continuous circular driveway may be permitted, so long as the driveway is accessible at all points to both units.
(3)
Protection of woodland character. Except as necessary to provide a driveway and utility connections, there shall be no grading or removal of natural vegetation for the first 50% of the required front yard closest to the front lot line. The Planning Board may require reasonable assurances including a landscape plan, conservation easement or other such assurances as are necessary to maintain the woodland character of this area of the Town. Where a lot has been cleared of trees and is proposed for use as a two-family dwelling, the Planning Board shall require supplemental plantings to restore the natural wooded appearance of the front yard.
V.
Building or landscape materials storage yard.
(2)
The Planning Board shall ensure that appropriate vegetation exists, supplemental screening is provided, or such other measures are employed to obscure views of stored materials and equipment from any public right-of-way or residential district.
(3)
All heavy equipment and vehicles over one ton to be stored outside shall be stored on a concrete pad or other impervious surface designed to capture automotive chemicals and hydraulic fluids and keep such fluids from leeching into underlying soils.
(4)
Any compost, manure, mulch or other organic materials or chemicals shall not be stored within 100 feet of a property line and the Planning Board shall ensure that any such materials are stored in a manner and subject to operating protocols designed to minimize odors, reduce fire danger, and prevent leeching of nitrogen into underlying soils.
(5)
Heavy equipment over one ton, shall only be operated (including loading and unloading of equipment onto trailers) on site between the hours of 7:00 AM and 9:00 PM, prevailing time, weekdays and between the hours of 9:00 AM and 9:00 PM, prevailing time Saturdays and Sundays. Further, where within 1,500 feet of a school, library, park, day care, group home for disabled persons, nursing home or retirement community, the Planning Board shall impose further restrictions to ensure that such facilities are not unreasonably impacted by noise.