Pittsford Town City Zoning Code
ARTICLE IXA
Monroe Avenue Transitional Zone MATZ
§ 185-39.1 Findings.
The Town Board finds that special action is required to address the unique problems and concerns for this area, including but not limited to concerns regarding the existing and potential disinvestment in the residential properties located in this area, the high volume of traffic experienced by properties adjacent to Monroe Avenue, the proposed demolition of architecturally significant structures and recent zoning variances granted which are not conducive to supporting the expressed community desire to maintain and protect the residential quality of this area. In order to support and protect the health, safety and welfare of the residents of this corridor, and the Town as a whole, this article is adopted.
§ 185-39.2 Purpose.
The Monroe Avenue Transitional Zone (MATZ) is created as a separate zoning district to encourage the continued residential uses associated with this district, to protect the established residential character and inherent natural features of the district and to offer incentives for property owners to maintain and improve their properties in a manner that protects the residential quality of the district. This article is designed specifically to retain, strengthen and enhance the attractive and harmonious residential neighborhood and natural communities existing within the boundaries of the district.
§ 185-39.3 District boundaries and applicability.
The Official Zoning Map is amended to include the bounds of the MATZ District. The MATZ District generally extends northwesterly along Monroe Avenue from the bridge over the canal at the village/Town boundary through French Road and the beginning, immediately past that intersection, of a commercial zone. The MATZ district replaces any of the former zoning districts located within the MATZ district.
§ 185-39.4 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any structural or decorative component visible from a public way, which, considered either individually or collectively, contributes to the aesthetic composition of the structure.
The razing of any existing residential structure, including substantial removal of structural building components so as to cause an effective removal of an existing residential structure. Demolition does not include partial removal of structural elements to facilitate restoration.
Those residences and their accessory uses, accessory buildings and structures appurtenant thereto, including additions, which were present on a site, existing and complete as of January 1, 2000.
Any portion of a property within the "area of special flood hazard," as defined in Chapter 95 of this Code.
Measures by which the requirements for compliance with the purpose and intent of this article can be determined. These standards may include, but not be limited to, empirical measures of traffic or noise generation, or subjective observations of architectural compatibility and landscape preservation, and similar aesthetic determinations.
Any change to a use, other than single-family residential or permitted accessory uses thereto, or to the land or landscape elements associated with such change.
An area where the natural vegetation, including trees, shrubs and smaller plants, are preserved and maintained in a natural state so as to provide visual screening and noise mitigation from abutting uses.
§ 185-39.5 Permitted uses.
§ 185-39.6 Prohibited uses and limitations to permitted uses.
§ 185-39.7 Additional requirements for MATZ properties.
The following provisions are applicable to all properties within the district, except for those provisions which are identified as applicable only to those properties seeking special use permit approval for a change in use. To the extent that any property does not comply with these requirements as of the effective date of this article, it shall be considered a preexisting nonconforming use or condition, subject to the limitations applicable to such uses or conditions as are contained in this Code or otherwise under law.
A.
Appearance of buildings and grounds. The architectural and general appearance of all buildings and grounds shall be in keeping with the character of the neighborhood, and such is not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are located. All extra building facade and site modifications shall conform to the Monroe Avenue Design Guidelines, dated April 2, 2002, as amended and supplemented.[1]
[1]
Editor's Note: The Monroe Avenue Design Guidelines are on file in the Town Clerk's office.
B.
Lot and bulk requirements. The following shall be applicable to all lots and use conversions/site modifications in the MATZ Zone:
(2)
Dwelling size. Each single-family dwelling shall provide a minimum square foot area on each floor of the dwelling as follows (For descriptions of each dwelling type and method of measurement, see § 185-129.):
(a)
Each Type I dwelling shall provide 1,200 square feet on the first floor.
(b)
Each Type II dwelling shall provide 1,000 square feet on the first floor and 500 square feet on the second floor.
(c)
Each Type III dwelling shall provide 800 square feet on the first floor and 640 square feet on the second floor.
(4)
Height. The maximum permitted height of any structure or dwelling is 30 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.
(5)
Lot coverage. The maximum lot coverage shall not exceed 20% of the total area of the property. Lot coverage includes all improved surfaces, buildings, driveways, porches, decks, patios, pools and other, similar lot improvements.
C.
Other performance standards.
(1)
Wooded landscape buffer.
(a)
With the exception of routine, seasonal maintenance or minimal clearing for utility connections, no trees and/or shrubs shall be trimmed or removed from the area within the wooded landscape buffer on any parcel. The dimensions of the buffer are as follows:
(b)
Notwithstanding the foregoing, however, the Planning Board may, during the site plan review process, require the replacement, preservation and/or planting of larger wooded landscape buffer areas to screen parking, refuse storage or similar uses from abutting properties to advance the purposes of this Code.
(2)
Where Design Review and Historic Preservation Board review is required by this chapter, such Board, in addition to any other general or specific standards it would apply in any other application, shall consider and apply the following specific considerations:
(a)
The project shall respect the existing architectural and landscape design of the existing residential setting, considering the overall context of the site and building in terms of its history, surroundings and the aesthetic sense of its original designer and builder.
(b)
Any improvements shall be completed in a residential style and shall be compatible with the adjacent structures and neighborhood.
(c)
The project, including landscaping, shall feature elements of a residential scale, proportion and landscaping.
(d)
For those projects seeking a special use permit, no conversions/site modifications shall result in more than a total five-percent increase in nonresidential square footage of any structure on any lot within the MATZ Zone.
(e)
New construction of a residence shall be designed to complement the architectural and landscape design of the district.
(3)
Parking. For those projects seeking a special permit, all parking facilities shall:
(4)
Traffic generation. For those projects seeking a special use permit, no use shall exceed an average daily traffic generation of 20 vehicle trips per day. Trip generation shall be determined by the Planning Board using published professional manuals and other reliable sources. The Planning Board may require vehicle or pedestrian interconnections between properties, subject to a special permit review, in order to protect the safety of the public and to reduce congestion on Monroe Avenue.
(5)
Change of use. No specially permitted use may be changed to any other use without review of such change by the Code Enforcement Officer. Such review shall determine that the proposed new use would be allowed as a specially permitted use and to what extent, if any, mitigation of the impact of such use would be necessary. The Code Enforcement Officer may counsel with and receive guidance from the Planning Board to make these determinations.
§ 185-39.8 Special use permit uses.
A.
Intent. In order to advance the purposes of this District, certain uses will be allowed through a special use permit process by the Planning Board. In addition to the general special use permit requirements of the Zoning Code, a special use permit is only appropriate under this section for those circumstances where the applicant can demonstrate that the residential character and scale of the district are conserved through the proposed project. Special use permits may be granted only for the following uses:
(1)
The adaptive reuse of a residential structure existing prior to January 1, 2000, for small-scale offices for a business, professional organization, administrative sales, insurance, the design and graphic arts, art studio, photo studio, licensed therapy or similar organization having only limited contact with the general public.
(2)
Multiresident senior or retirement housing, bed-and-breakfast overnight facilities and attached housing.
B.
Application process. The provisions of Articles XXV (Special Use Permits) and XXIX (Site Plan Approval) are incorporated herein.
(1)
Special use permits. The application and approval processes for special use permits by the Planning Board required under the provisions of this article shall conform to and follow the provisions of Article XXV (§ 185-170 et seq., Code of the Town of Pittsford), and to the requirements contained in § 185-39.7.