[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Motels or hotels, where allowable under this chapter, shall
conform to the following requirements:
A.
No rental structure shall contain less than four rental units.
B.
In a commercial or light industrial district, no motel shall be placed
closer to a property line in any other district than 25 feet.
C.
No automobile parking space shall be located closer to any street
or road line than 20 feet nor closer to a side or rear property line
in a residential district than 20 feet.
D.
Each rental unit shall be supplied with running water and a minimum
of sanitary conveniences, including shower and toilet.
Automobile trailers and trailer parks are regulated within the Village of Monticello. For current provisions, see Chapter 240, Trailers and Trailer Parks, of the Code of the Village of Monticello.
A.
The maximum number of bungalow dwelling units permitted shall not
exceed four per acre of the gross area of the property.
B.
The minimum distance between detached bungalows or accessory structures
on the property shall be not less than 20 feet.
C.
Motor vehicles shall not be parked within a required front yard nor
closer than 10 feet to any side or rear property line.
D.
Swimming pools shall not be placed in a required front yard nor closer
than 20 feet to any side or rear property line.
Special use permits will be issued for gasoline service stations,
provided that the Planning Board finds that the layout, design and
landscaping of the station is reasonably in keeping with the character
of the neighborhood structures and that the station conforms to the
following requirements:
A.
Side and rear yards shall not be less than 15 feet in width and,
if there is a residence on the adjoining lot, a hedge or tree screen
shall be provided.
B.
Hydraulic hoists, pits and all lubricating, greasing, automobile
washing and other servicing equipment shall be entirely enclosed within
a building.
C.
The number of service bays in the building shall be limited to a
maximum of four.
D.
No building structure or area permitted as a gasoline service station
shall be used for body or fender work, welding, body alignment, painting,
storage or sale of vehicles in running condition or otherwise, outside
storage of equipment or waste of any sort nor general major repair
work.
E.
Off-street parking shall be provided in accordance with the provisions of § 280-23. Off-street parking areas shall comply with side and rear yard regulations. No off-street parking shall be permitted between the pumps and the street line.
F.
The entire service area shall be paved. Unpaved areas shall be landscaped
and separated from the paved area by a curb or other low barrier.
A curb or other low barrier shall be constructed along the street
line except at the entrance-exit driveway.
G.
Signs. One customary identification sign may be freestanding in addition
to the signs permitted elsewhere in this chapter.
H.
All motor vehicle service stations shall be so arranged and all gasoline
pumps shall be so placed as to require all services to be done on
the premises and off the public way. No gasoline pump shall be placed
closer to any property line than 25 feet.
I.
No gasoline service station shall be located within 500 feet of any
other gasoline service station, except that this restriction shall
not be applicable in a B-1 Zone.
J.
Signs advertising petroleum products.
(1)
It shall be unlawful for any person, firm or corporation to sell
or offer for sale at retail any gasoline for use in internal-combustion
engines in motor vehicles, unless such seller shall post and keep
continuously posted on the individual pump or other dispensing device
from which such gasoline is sold or offered for sale a sign or placard
which shall be maintained in accordance with § 192, Subdivision
5, of the Agriculture and Markets Law.
(2)
Any person, firm or corporation which sells or offers for sale at retail any gasoline for use in internal-combustion engines in motor vehicles wherein the individual pump or other dispensing device used in connection with the sale at retail of gasoline contains a face piece which shows the amount of the sale in dollars and cents, tax included, the amount of gallons delivered and the price or prices per gallon, tax included, of said gasoline and which said face piece is not less than seven inches in height and eight inches in width nor larger than 14 inches in width and 20 inches in height shall be deemed to have complied with Subsection J(1) hereof.
[Amended 9-4-2019 by L.L.
No. 6-2019]
A.
Purposes.
(1)
It is the purpose of this section to establish standards for signs
which help people find what they need without difficulty or confusion;
to help preserve and, where necessary, improve the appearance of the
Village; and to promote public safety by regulating the location,
quality, construction and maintenance of signs.
B.
SIGN
SIGN HEIGHT
SIGN TYPES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
SURFACE AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any device, facade, fixture, material, placard or structure
that uses any color, form, graphic, picture, illumination, symbol
or writing to advertise, announce, declare or identify a purpose or
entity or to communicate information of any kind to the public outside
of a building, including neon or fluorescent painted building outlines
and similar devices.
The height of the topmost portion of the sign as measured
above the surface of the ground, unless the foundation for such sign
shall be positioned below the adjoining road grade, in which case
the height shall be measured from the road grade.
BANNERA temporary sign constructed of nondurable materials.
BACKLITA sign internally illuminated with a translucent face mounted on a building, hung on poles, placed in a window or in a monument-style base.
BILLBOARDA freestanding off-premises sign of more than 50 square feet in surface area.
CANOPY AND AWNING SIGNA sign integrated into a canopy or awning and not extending above the structural wall of the building to which it is attached.
DIRECTORY SIGNA combination, on a single structure, of a ground sign with other smaller uniform signs listing services or businesses on the property.
CONTRACTOR SIGNA sign of a builder, contractor, mechanic, painter or other artisan which is erected and maintained during the period such persons are working on a property and immediately removed when the work is complete.
DIRECTIONAL SIGNSee "traffic directional sign."
FACADEThe front of a building or part of a building facing a street, parking area, alley or courtyard.
FARM PRODUCTS SIGNA temporary sign advertising the availability of fresh farm products largely produced on premises and displayed only when such products are on sale.
FEATHER FLAG SIGNA freestanding sign constructed from a lightweight, weather-resistant, flexible material and attached to a pole or staff along one edge, set generally vertical and anchored into the soil.
FREESTANDING SIGNA pole sign or ground sign.
GRADE LEVELFlat or sloping surface, the ground elevation upon which a building is built.
GROUND SIGNA sign separate from any building, rising up from a ground foundation. The entire bottom of a ground sign is generally in contact with or within 12 inches of the ground.
RESIDENTIAL SIGNA permanent sign located in a residential area.
INCIDENTAL SIGNA sign directed only to persons on the lot.
OFFICIAL TRAFFIC SIGNAn official sign placed along a highway by a local, county or state government for purposes of public traffic control.
POLE SIGNA sign supported by a pole(s) as a structure.
PORTABLE SIGNA sign not permanently attached to the ground or a structure or designed to be transported, including signs on wheels, A- or T-frames or any other movable device or vehicle.
REPLACEMENT SIGNReplacement of an existing sign with an identical or largely similar object.
ROOF SIGNA sign painted on or attached to a roof or extending by any means, including the use of canopies, porches or artificially heightened walls, above the structural wall of a building.
SANDWICH BOARD SIGNA self-supporting portable sign that can have two faces that are adjoined at the top and displayed at a angle not permanently anchored or secured.
TEMPORARY SIGNS OR BANNERSNonpermanent signs or banners with duration and dimensions as permitted in the schedule.
TRAFFIC DIRECTIONAL SIGNAn informational sign on which is located a simple directive incidental to the main use of a lot and directed only to persons on the lot, such as a "no-parking," "loading area in rear," one-way" or "office this way" sign.
TREE SIGNA sign on a tree fastened with nails or staples and typically made of paper, plastic or a malleable metal.
WALL SIGNA sign painted on or attached flush with a structural wall of a building, including window signs and projecting signs not extending out from the structural wall surface more than 12 inches.
WINDOW SIGNA sign which is attached to a window or door or positioned in such a manner that its sole purpose is to communicate with persons on the outside of a door or window, including any lighting or other borders intended to frame the window or door in such a way as to draw attention to the sign, in which case the entire area enclosed by the lighting or borders shall be considered a wall sign.
The size of any sign, computed by multiplying its greatest
length by its greatest height. Sign poles and supports or ground sign
foundations which do not bear advertising material or are not in the
form of a symbol shall not be included in the computation of surface
area. In the case of signs with no definable edges (e.g., raised letters
attached to a facade), the surface area shall be that area within
the perimeter of a single line enclosing the extreme limits of the
advertising material excepting that messages or words separated by
six feet or more shall be considered individual sign surface. Each
sign surface area may be considered a separate sign for purposes of
regulation.
C.
Application.
(2)
An application for a permit to install, replace or relocate a sign
shall be made on a form obtained from the Code Enforcement Officer,
together with the fee required by the Village Board. Every application
shall include elevation and plan drawings to scale with a graphic
presentation of the placement and appearance of the proposed sign.
This presentation shall depict the location of the sign in relation
to buildings and property features, any method of illumination, the
graphic design (including symbols, letter, materials and colors) and
the visual message, text copy or content. Written consent of the property
owner shall also be provided.
(3)
Certain signs, as indicated on the Schedule of Sign Regulations,
shall be submitted to the Planning Board, and no permit for such sign
shall be granted nor shall such sign be allowed except with the approval
of the Planning Board. This shall include any significant change or
replacement of sign faces which now exist or are permitted in the
future.
(4)
All applications not requiring Board approval shall be acted upon
by the Code Enforcement Officer within 15 days of receipt. All applications
submitted to the Board shall be approved or denied within 62 days
after the first meeting at which the application is presented. Failure
to act within said period of time shall be deemed approval of application.
D.
Design review criteria.
(1)
Signs subject to review by the Planning Board shall be approved or
disapproved based on the appropriateness and compatibility of their
design, shape, materials, colors, illumination, legibility, location
and size. Approval shall require consistency with the design criteria
listed in this section. The Board may also require modifications in
sign features to meet the criteria provided below.
(2)
In reviewing sign applications, the Board shall determine that the
sign will meet the following criteria:
(a)
Signs should be a subordinate and not a principal feature of
the landscape as viewed from the street.
(b)
Whenever feasible, multiple signs should be combined into one
to avoid clutter.
(c)
Signs should be as close to the ground as possible, consistent
with legibility considerations, and pole signs shall be discouraged
in favor of ground signs wherever possible.
(d)
A sign's design should be consistent with the architectural
character of the building on which it is placed and not cover any
architectural features on the building.
(e)
The sign should be located so as to not interfere in any way
with the clear views required for public safety by highway travelers
or pedestrians.
(f)
The sign must not present an overhead danger or obstacle to
persons below.
(g)
The sign should be of good construction quality that is easy
to maintain in safe condition and good appearance. The supporting
structure should be designed to provide for wind resistance such that
the sign is safe and will not deteriorate or collapse after an extended
period outdoors.
(h)
Sign materials and design should be compatible with the surrounding
landscape and readily legible to the persons to whom the sign is intended
to communicate. Sign materials shall be durable, weather-proof and
resistant to fading.
(i)
The sign should not substantially interfere with the views to
and from other enterprises or residences.
(j)
Freestanding signs other than billboards shall generally require
landscaping around the base of the sign.
(3)
The size of the landscape area shall be approved as part of the sign
permit. Landscape plans shall be submitted for signs of 16 square
feet or more in size and shall include the size, species, location
and spacing of plant materials. Where the proposed sign is to be constructed
in conjunction with a new building project, however, landscaping shall
be designed as part of the overall site plan.
E.
General regulations. The following regulations shall apply to all
signs:
(1)
All signs shall be removed within 30 days or as otherwise provided
for in the Schedule of Sign Regulations table, whichever period is
longer, when the reasons for their erection no longer apply.
(2)
Signs shall not be permitted on the roof or above the roofline of
the building to which they are attached.
(3)
No part of any sign shall project above the top or beyond the ends
of the wall surface on which it is located.
(4)
Signs, other than official traffic signs, that exceed 24 square feet in surface area, shall be set back at least five feet from the side lot line. Signs shall also comply with clear-sight triangle requirements of § 200-2 of the Village Code, and, in all districts except the Core Business District (B-2), signs shall be set back a minimum of 10 feet from the edge of the highway right-of-way.
(5)
No sign, except a public sign visible from a public street, shall
use any word, phrase, symbol or character that could be interpreted
by a motorist as being a public safety warning or traffic sign.
(6)
No light shall be permitted that, by reason of intensity, color,
location, movement or directions of its beam, may interfere with public
safety.
(7)
No sign shall be attached to any utility pole or other object not
intended for such use, except as defined as a tree or pole sign.
(8)
A portable sign shall be considered as any other sign and shall be
subject to all regulations contained in this section, including those
with respect to placement locations.
(9)
No sign shall exceed in height 1/2 its distance from the highway
right-of-way, notwithstanding any other height limitation which may
also be applicable.
(10)
Portable sandwich board signs of an A-frame or T-frame design
shall not exceed 36 inches in height or width and may be permitted
as a temporary or periodic use on the public sidewalks of the Village,
provided a permit shall be secured from the Code Enforcement Officer,
and placed on the sidewalk so as to avoid interfering with pedestrian
or vehicular traffic. Such signs shall be limited to one per building
location, shall be removed at least six hours per twenty-four-hour
period, and shall be placed level within three feet maximum of the
building exterior allowing a minimum walkway of four feet for pedestrian
traffic.
F.
Master signage plans.
(1)
Business and property owners are strongly encouraged to submit master
signage plans for their properties, which plans shall specify the
location, dimensions, type, design and number of all signs to be erected
on the property. Such plans shall be prepared by a landscape architect,
architect, sign designer, engineer or other qualified professional
and shall identify existing signs, signs proposed for installation,
anticipated future sign locations, temporary sign locations and the
design criteria which shall apply to all signs to be erected on the
property. These plans shall be adopted by the property owners, who
shall agree that all signs to be constructed by them or any of their
tenants or occupants shall comply with the standards therein. A master
signage plan may also be submitted for multiple properties, provided
they are contiguous.
(2)
All master signage plans shall be submitted for approval to the Planning
Board which shall, in reviewing and acting upon the plans, be guided
by the design review criteria provided above. The Board, in acting
upon a master signage plan, may waive any of the standards contained
herein relating to numbers or sizes of any signs other than pole signs,
billboards and projecting signs, provided it is satisfied the master
signage plan will meet the review criteria and the specific purposes
of this section. When the Board has approved such a plan, no further
permits will be required for any sign which is in compliance with
the plan.
G.
Other sign requirements. Signs to provide for the normal and safe
flow of traffic into and out of the place of business, such as entrance,
exit and parking signs, shall be permitted in excess of the limitations
provided herein.
H.
Temporary signs. Signs for events which occur no more than four times
per year may be permitted within all districts without the necessity
of obtaining permits but shall be limited to sizes indicated in the
Schedule of Sign Regulations and be set back a minimum five feet from
property lines, except where mounted on a fence. Also, such signs
shall not be hung or attached to trees, utility poles, bridges, or
traffic signs. Temporary signs shall not require Planning Board action
unless proposed for placement more than four times per year.
I.
Illumination. Where permitted, signs shall be illuminated only by
a shield light source directed solely at the sign, without causing
glare for motorists, pedestrians or neighboring premises. The illumination
shall not make the sign resemble traffic signals.
J.
Nonconforming signs. Existing nonconforming signs may be repaired
or reconstructed on the same site, but shall not be relocated or increased
in size except as provided herein. Any nonconforming sign connected
with a change of use, abandoned for sign purposes for more than 90
days, damaged to the extent of 25% or more of the replacement cost
value or illegally established shall be immediately removed. In the
event such a sign is not removed within 30 days after written notice
has been given to the owner of the sign or lessee of the land upon
which the sign is located, the governing body may institute appropriate
civil or criminal actions to prevent the violation, abate the nuisance
and assess the costs associated therewith to the violator by attachment
to the real property tax bill for the parcel in question. Any other
lawful nonconforming sign may be removed and replaced with a sign
of equal surface area. Any nonconforming sign that has existed for
five or more years shall be presumed to be a legal nonconforming sign.
The Village may require any illegal nonconforming sign to be removed
prior to issuing a permit for any new or replacement sign on the same
property.
K.
Sign maintenance.
(1)
No owner of any sign or lessee or owner of any land upon which the
sign is located shall permit such sign to become unsafe, unsightly
or in disrepair so as to endanger the public or to become a public
nuisance as shall be determined by the Code Enforcement Officer Also,
any sign referencing a location, business, operation, service or product
which no longer exists or continues to offer service to the public
shall be removed within 30 days of such discontinuance, unless a waiver
shall be granted by the Code Enforcement Officer, as the case may
be. Any remaining sign frame or holder shall be filled in or supplemented
with a solid surface backboard or panel with finish color compatible
with the building or structure it's associated with.
(2)
In the event such a sign is not repaired or properly restored or
removed within 30 days after written notice has been given to the
owner of the sign or lessee of the land upon which the sign is located,
the governing body may institute appropriate civil or criminal actions
to remedy the violation, abate the nuisance and assess the costs associated
therewith to the violator by attachment to the real property tax bill
for the parcel in question.
L.
Signs in the B-1 Zone.
(1)
In the B-1 Zone, it shall be permitted to erect freestanding signs
on premises, not to exceed 50 square feet in surface area on each
side and not to exceed a height of 15 feet.
(a)
Permitted signs shall be located on the premises at a distance
of not less than 30 feet from the property line, or twice the sign
height, whichever is greater, provided that such sign may not advertise
off-premises activities such as a billboard.
(2)
An application for a permit to install or relocate such sign shall
require Planning Board approval and a permit from the Code Enforcement
Officer.
M.
Signs
shall meet all requirements of the New York State Uniform Fire Prevention
and Building Code, wherever applicable.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[1]
Editor's Note: Former § 280-20, Special building
setback lines, was repealed 9-4-2019 by L.L. No. 6-2019.
A.
The minimum living space floor area of dwellings erected in any district
shall be 768 square feet for a one-family dwelling and 1,500 square
feet for a two-family dwelling or a pair of semidetached dwellings.
B.
Living space floor area shall be considered to be the area of the
one or more main floors of the dwelling, measured from the exteriors
of the main walls, not including the floors of an attached garage,
breezeway, carport or open porch or the floor of a basement with ceiling
less than four feet above the average exterior ground level. Finished
or unfinished attic space having fixed, permanent stairway access
and an average height of not less than five feet from floor to roof
may be included as living space floor area if at least 40% of such
area has a height of at least eight feet, similarly measured.
No dwelling for other than seasonal occupancy shall be placed
directly in front of or directly behind another dwelling on the same
premises and within 200 feet thereof, unless both dwellings have an
unobstructed view to and frontage upon a street or other public way.
"Directly in front of or directly behind another dwelling" means having
more than 1/2 the breadth of the building in such position.
A.
Off-street automobile parking or vehicle storage space shall be
provided as indicated below in relation to any of the listed buildings
or uses hereafter erected or established or any addition to an existing
building hereafter made in any district, except that no such parking
space shall be required in relation to the reconstruction of a building
destroyed by fire or other natural cause, provided that such reconstruction
is on the same foundation as that of the original building, does not
exceed the original building in total floor area and is started within
one year from the date of said destruction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Home occupations.
(a)
All such uses other than the office of a physician or dentist:
one space per 100 square feet of floor area or portion thereof devoted
to such activity.
(b)
Office of a physician or dentist: four spaces for each doctor
or dentist engaged on the premises, plus one space for each additional
employee.
(3)
Bungalow colonies and motels: one space for each rental unit.
(4)
Hotels and motels: one space for each rental room.
(5)
Hospitals: one space for every two beds of planned capacity.
(6)
Light industrial uses.
(a)
One space for each 400 square feet of floor area devoted to
manufacture, including printing, publishing and laundry or dry-cleaning
plants.
(b)
One space for each 2,000 square feet of floor area devoted to
storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside
storage, including used car lots and equipment rental or sales yards.
(d)
Any industrial use: one space for each company vehicle.
(7)
Commercial uses.
(a)
Retail business or service, bank or post office: one space for
each 250 square feet of retail floor area.
(b)
Theaters: one space for each 15 seats.
(c)
Office, including professional, personal service, public utility
or public: one space for each 300 square feet of gross floor area.
(d)
Restaurant, bar or nightclub: one space for each 50 square feet
of customer floor area.
(e)
Taxi stands: one space for each vehicle in regular use.
(f)
Bus terminals: one space per employee, calculated at peak employment
period.
(g)
Lumber sales: one space for each 2,000 square feet of retail
floor area. For purposes of this regulation, display storage areas
shall be considered to be retail floor area.
(h)
Wholesale: one space for each 2,000 square feet of gross floor
area.
(i)
Automobile service stations: two off-street, on-premises spaces
for each service bay, plus one space per employee.
(j)
Funeral home: one space for each five seats of auditorium capacity.
(k)
Any commercial use: one space for each company vehicle.
B.
In the B-2 Zone, spaces in municipal parking lots, where provided,
may be credited toward the parking requirements for the nonresidential
uses in such zone, provided that:
(1)
These spaces are within 300 feet of the uses to be served.
(2)
The parking needs of existing facilities, within 300 feet of such
facilities and computed on the same basis as for new facilities, are
satisfied first, and only excess capacity is credited toward the parking
requirements for such uses to be served.
C.
Dimensions of off-street automobile parking spaces. Every such space
provided in connection with a one- or two-family dwelling shall be
at least 10 feet wide and 22 feet long; every other space shall be
at least nine feet wide and 18 feet long, and every space shall have
direct and usable driveway access to a street or alley, with minimum
maneuver area between spaces as follows:
[Amended 9-4-2019 by L.L.
No. 6-2019]
(1)
Parallel curb parking: five feet end to end with twelve-foot aisle
width for one-directional flow and twenty-four-foot aisle width for
two-directional flow.
(2)
Thirty-degree angle parking: thirteen-foot aisle width for one-directional
flow and twenty-foot aisle width for two-directional flow.
(3)
Forty-five-degree angle parking: sixteen-foot aisle width for one-directional
flow and twenty-six-foot aisle width for two-directional flow.
(4)
Sixty-degree angle parking: twenty-one-foot aisle width for one-directional
flow and twenty-six-foot aisle width for two-directional flow.
(5)
Perpendicular parking: twenty-six-foot aisle width for one-directional
and two-directional flow.
D.
Combination of uses. In the case of a combination of uses, the total
requirements for off-street automobile parking spaces shall be the
sum of the separate requirements for the various uses.
E.
Fractional space. Whenever the computation of parking requirements
results in an ultimate fraction of a space, a full space shall be
provided.
F.
Location of required spaces. In any residential zone, required off-street
automobile parking spaces shall be provided to meet the front yard
setback of the applicable zone and with at least 20 feet setback for
side and rear yard, and in all other zones, such spaces shall be provided
on the same lot as the use which they serve. Nothing contained herein
shall prevent the normal and customary use of driveways, provided
that such use as a driveway shall be considered to meet the requirements
for off-street parking.
[Amended 9-4-2016 by L.L.
No. 6-2019]
G.
Construction of parking areas. Parking areas shall be paved with
a year-round surface of asphalt or concrete. The individual spaces
shall be visibly marked with paint or other durable material.
A.
At least 8% of the area of the lot usable for off-street parking
shall be devoted to landscaping with lawn, trees, shrubs, etc., and
all such landscaped areas shall be properly maintained thereafter
in a sightly and well-kept condition. Whenever a parking area or automobile
service area abuts a residential zone, a six-foot screen, such as
a masonry wall, wooden fence, vine-covered chain-link fence or compact
evergreen hedge, shall be established and maintained along the zone
boundary line.
B.
All areas of a lot not occupied by buildings, parking, driveways,
turning areas or walkways shall be landscaped attractively with lawn,
trees, shrubs or other plant or landscaping material. All landscaped
areas shall be properly maintained thereafter in a sightly and well-kept
condition. Dead trees, shrubs or other plant material shall be replaced
within the season.
All swimming pools incidental to the residential use of premises
and not operated for gain and which are over 30 inches deep shall
be subject to the following requirements:
A.
The edge of the pool shall be located not less than 10 feet from
all property and street lines.
B.
Such pool shall be completely surrounded by a fence or wall as regulated
by the New York State Uniform Fire Prevention and Building Code.
C.
If said pool is located more than 3 1/2 feet above the ground,
then a fence is not required, provided that all points of access to
said pool are adequately protected by a self-closing, self-latching
gate.
D.
Pools
shall comply with Section 303, Swimming Pools, Spas and Hot Tubs,
of the New York State Property Maintenance Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
On the same premises with every building or part thereof hereafter
erected and occupied for the purpose of manufacturing, storage warehouse,
retail store, wholesale store, market, hotel, hospital or other use
similarly involving large-volume receipt or distribution of materials
or merchandise by motor vehicles, there shall be provided and maintained
adequate space for loading and unloading services, so placed and arranged
as not to interfere with public use of a sidewalk, street or alley.
For this purpose, there shall be provided not less than one such loading
space for every 20,000 square feet of building floor area or fraction
thereof in excess of 6,000 square feet, used for any of the above-mentioned
purposes. Each such space shall be not less than 12 feet by 30 feet
and have a height clearance of not less than 14 feet. The above shall
apply to the building as a whole and not to individual units thereof
when arranged to use loading and unloading space in common.
Nothing herein contained shall prevent the projection of an
open fire stairway into a rear or side yard for a distance not exceeding
eight feet.
A.
Any proposed excavation adversely affecting natural drainage or structural
safety of adjoining buildings or land shall be prohibited. Excavations
shall not create objectionable dust or noise or contribute to soil
erosion, nor create any noxious or injurious substance or condition
or cause public hazard.
B.
In any district, excavation relating to the construction, on the
same lot, of a building or structure for which a building permit has
been issued shall be permitted. In the event that construction of
the building or structure is stopped prior to completion and the building
permit is allowed to expire, the premises shall immediately be cleared
of any rubbish or building materials, and any excavation with a depth
greater than two feet below existing grade shall immediately be filled
in and the topsoil replaced or all such excavations shall be entirely
surrounded by a substantial fence at least six feet high that will
effectively block access to the area in which the excavation is located.
In any district, the following standards for activities shall
apply:
A.
No offensive or objectionable vibration, odor or glare shall be noticeable
at or beyond the property line.
B.
No activity shall create a physical hazard by reason of fire, explosion,
radiation or other such cause to persons or property in the same or
adjacent district.
C.
There shall be no discharge of any liquid or solid waste into any
stream or body of water or any public or private disposal system or
into the ground, nor any materials of such nature as may contaminate
any water supply, including groundwater supply.
D.
There shall be no storage of any material either indoors or outdoors
in such a manner that it facilitates the breeding of vermin or endangers
health in any way.
E.
The emission of smoke, fly ash or dust which can cause damage to
the health of persons, animals or plant life or to other forms of
property shall be prohibited.
For the purpose of minimizing traffic hazards at street intersections, on any corner lot no obstructions higher than three feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed as defined in § 200-2 of the Code of the Village of Monticello.
An accessory building may be located in any required side or
rear yard, provided that:
A.
It does not project nearer to the fronting street than the main building.
B.
It is set back at least six feet from the side or rear lot line and,
if detached, at least 10 feet from the main building.
C.
It does not exceed 15 feet in total height and the gross floor area
does not exceed 150 square feet.
D.
Only one such accessory building shall be permitted in any residential
zone without Planning Board approval.
No spaces applied or necessary under this chapter to satisfy
the yard or area requirements in relation to any building now or subsequently
built shall be counted as part of a required open space or required
area in relation to any other building.
Nothing herein contained shall be interpreted to limit or restrict
the height of a church spire, radio or wireless station or antenna,
belfry, clock tower, chimney flue, water tank, elevator bulkhead,
stage tower, scenery loft or similar structure.
The following supplementary regulations shall apply to all multiple-dwelling
developments:
A.
There shall be provided on the same lot a suitably equipped and landscaped
children's play area or areas, which shall constitute not less than
25% of the required usable open space.
B.
The maximum building length shall be 160 feet.
C.
The minimum distance between principal buildings shall be 25 feet
for structures 35 feet or less in height and 50 feet for structures
greater than 35 feet in height.
No public garage or gasoline service station or private garage
accommodating more than five cars shall have a vehicular entrance
closer than 200 feet to an entrance to a school, church, theater,
hospital, public park, playground or fire station, and said measurement
shall be taken as the shortest distance between such entrances: across
the street if the entrances are on opposite sides of the street, and
along the street frontage if both entrances are on the same side of
the street or within the same square block.
A.
A home occupation is any gainful occupation customarily conducted
within a dwelling by its residents, clearly secondary to the use of
the dwelling for living purposes and which does not change the character
of the structure as a residence. Said activity shall not occupy more
than 1/3 of the ground floor area of the dwelling or its equivalent
elsewhere in the dwelling if so used, and no display of products shall
be visible from the street. Home occupations shall not include the
following: clinic or hospital, barbershop or beauty parlor, dancing
instruction, band instruction, voice instruction or teaching in groups
with more than two students at one time, real estate office, restaurant,
animal hospital, dog kennel, retail stores, doctors or dentists treating
patients.
B.
In any district, nothing in this chapter shall prevent an individual from conducting his profession in his home or residence, as defined in § 280-5 under "home occupation," provided that no more than two persons shall be employed in addition to the owner or tenant of the property; that no other professional shall be permitted to share, let or sublet space for professional use; and that there shall be no external evidence of such use, except for one sign not exceeding two square feet in area and materials and equipment.
A.
Public utility distribution facilities necessary to serve the districts
in which they are located shall be uses permitted by right in all
districts. Such facilities shall include but not be limited to electric
distribution lines, including related equipment, poles, wires, transformers
and related appurtenances thereto, telegraph and telephone lines,
water distribution mains and gas distribution mains.
B.
All other public utility facilities, including but not limited to
electric and gas transmission lines and electric substations, shall
be permitted in all nonresidential districts only upon obtaining a
special use permit therefor in each case from the Planning Board.
A.
Purpose. It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics
in a community such as ours, which is predominantly residential and
dependent on family tourism. Studies and reports in similar cities
and towns have documented the negative secondary impacts of adult
entertainment establishments. These impacts include exposure of children
and teenagers to graphic sexual images, increased crime, diminishing
property values, adverse effects upon the climate for other types
of commercial activity and negative influences upon community character.
Sexually explicit business signs or displays visible from public streets
are particularly offensive. The Village Board of Trustees hereby finds
that the operational characteristics of adult uses increase the detrimental
impact on a community when such uses are adjacent to residential districts,
schools or churches and municipal buildings and uses. Therefore, in
order to promote the health, safety and general welfare of the residents
of the Village of Monticello, this section is intended to restrict
adult uses to certain commercial zones.
B.
Definitions.
(1)
General. Unless specifically defined below, words or phrases used
in this section shall be interpreted so as to give them the meanings
they have in common usage and to give this section its most reasonable
application.
(2)
ADULT BOOKSTORE
ADULT ESTABLISHMENT CABARET
ADULT MATERIALS
ADULT-ORIENTED BUSINESS
ADULT THEATER
ADULT USE
BUSINESS
DISSEMINATION
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
(a)
(b)
(c)
SUBSTANTIAL OR SIGNIFICANT PORTION
Specific terms. As used in this section, the following terms shall
have the meanings indicated.
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films, photographs, motion
pictures, videocassettes, slides or other visual representations,
apparatus and any other viewing materials for sale or viewing on premises,
which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
A public or private establishment which serves food and/or
beverages, which regularly features live performances characterized
by an emphasis on specified anatomical areas or specified sexual activities
or features topless or nude dances or strippers.
Includes, but is not limited to, any literature, books, magazines,
pamphlets, newspapers, papers, comic books, drawings, articles, computer
or other images, motion pictures, films, photographs, DVDs, videocassettes,
slides or other visual representations, mechanical devices, instruments,
clothing or any other writings, materials or accessories which are
distinguished or characterized by their emphasis on matter depicted,
described or related to specified sexual acts or specified anatomical
areas as defined herein, or an establishment with a segment or section
exclusively devoted to the sale, lease, gift, trade, or display of
such materials.
Use of a building, structure or property for a business that
had adult materials in a section or segment devoted to such materials
or as a substantial or significant portion of its stock-in-trade for
the purpose of sale, rental, lease, trade, gift or display of such
adult materials. For the purposes of this section, "adult-oriented
businesses" shall also mean and include any nightclub, bar, tavern,
restaurant, eating and drinking establishment, arcade, theater, video
store, motel, hotel, or any other establishment that regularly features,
for economic gain or other consideration, entertainment in any form
which is characterized by nudity or the depiction or display of sexual
activities or adult materials.
A public or private establishment regularly featuring one
or more of the following: films, motion pictures, videocassettes,
DVDs, slides or similar photographic reproductions characterized by
an emphasis on the depiction or description of specified sexual activities
or specified anatomical areas. An "adult theater" shall include commercial
establishments where such materials or performances are viewed from
individual enclosures.
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult theaters and adult establishment cabarets.
Any commercial enterprise, association or arrangement for
profit.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place or who shares in
the ownership of any of the assets of the partnership business. In
a corporation, an individual who is an officer, director or a holder,
either directly, indirectly or beneficially or owns more than 20%
of any class of stock or who operates, controls, or conducts, directly
or indirectly, any premises, building or location upon which any adult
use takes place.
Any person who furnishes more than 20% of the capital financing
or assets of such business, whether in cash, goods or services.
Includes a place with only a portion or section or its area
set aside for the display or sale to adults of material defined above
in this section, except that any place otherwise included within this
section that can prove that not more than 10% of its square footage
is devoted to the display of or sale of materials listed in the foregoing
definitions shall be exempt from the provisions of this section so
long as such material is kept out of the reach and visibility of minors.
C.
Restrictions. In addition to the general requirements of this chapter,
adult uses shall only be permitted subject to the following restrictions:
(1)
No adult use or adult-oriented business shall be located within 500
feet of the boundaries of any zoning district which is zoned for residential
use and within 500 feet of any preexisting residential use.
(2)
No adult use or adult-oriented business shall be located within 1,000
feet of a preexisting school, day-care center or place of worship.
(3)
No adult use or adult-oriented business shall be located within 500
feet of any municipal building or use.
(4)
No adult use or adult-oriented business shall be located within 1,000
feet of another preexisting adult use or adult-oriented business.
(6)
This section shall not apply to any adult use establishments that
are operational on the effective date of said section.
D.
Observation from public way prohibited. No adult use or adult-oriented
business 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 or adult-oriented business.
This provision shall apply to any display, decoration, sign, show
window, screen or other opening. Only one sign shall be permitted,
visible from the exterior of a building which is occupied by a regulated
use, and such sign shall be no larger in size than six square feet,
nor shall such sign consist of any material other than plain lettering.
Such sign shall have no photographic or artistic representation whatsoever
thereon. The Planning Board shall approve any such sign.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Registration.
(1)
No person, firm, corporation or other entity shall lease, rent, maintain,
operate, use or allow to be operated or used any business or establishment
or any part thereof which contains an adult use or adult-oriented
business without first complying with the provisions of this subsection
as set forth below.
(2)
In addition to any and all other necessary licenses and permits,
no form of adult use or adult-oriented business shall be allowed to
operate nor allowed to continue to operate until a certificate of
registration is filed with the Village Clerk containing:
(a)
The address of the premises.
(b)
The name and address of the owner(s) of the premises and the
name and address of the beneficial owner(s) if the property is in
a land trust.
(c)
The name of the business or the establishment subject to the
provisions of this section.
(d)
The names, business and home addresses and business or home
telephone numbers of all owners of the business or establishment subject
to the provisions of this section.
(e)
The names, business and home addresses and business or home
telephone numbers of all those persons having a substantial connection
with the business or establishment subject to the provisions of this
section.
(f)
The date of the initiation of the adult use or adult-oriented
business.
(g)
The exact nature of the adult use or adult-oriented business.
(h)
If the premises or the building in which the business containing
the adult use or adult-oriented business is located is leased, a copy
of the lease with the amount of rent to be redacted;
(i)
A copy of the special use permit as approved by the Planning
Board and the sign permit as approved by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
If there occurs any change in the information required for the certificate
of registration, the Village Clerk shall be notified of such change,
in writing, and a new or amended certificate shall be filed within
30 days of such change.
(4)
The processing fee for each certificate of registration or amendment thereto shall be set forth from time to time by resolution of the Village Board. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in Subsection F, and the processing fee provided in this subsection shall be an annual charge.
(5)
No certificate of registration issued under the provisions of this
subsection shall be transferable to any person other than the registrant,
nor shall a certificate of registration be transferable for use at
any premises, building or location other than that stated in the certificate
of registration.
(6)
The owner, manager or agent of any adult use or adult-oriented business
shall cause a copy of the certificate of registration issued under
the provisions of this subsection to be prominently displayed on the
premises, building or location for which it is issued.
(7)
Any knowingly false statement or any statement which the registrant
or applicant should reasonably have known to be false which is provided
in the certificate of registration or any document or information
supplied therewith shall be grounds for rejection, suspension or revocation
of the certificate of registration.
(8)
It is a violation of this chapter for the owner or person in control
of any property to establish or operate thereon or to permit any person
to establish or operate thereon or to permit any person to establish
an adult use without having in force a certificate of registration
complying with this subsection.
(9)
Failure to comply with any of the provisions of this section shall
be grounds for rejection, suspension or revocation of the certificate
of registration.
F.
Special use permit.
(1)
No use as described in this section shall be established until the issuance of a special use permit by the Planning Board pursuant to Article IV, § 280-12, of this Code. Application for such special use permit shall be in conformity with this chapter and as provided for herein. The application shall be in writing to the Planning Board and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed, a zoning map showing all uses within 500 feet of the site and such additional information as shall be required by the Planning Board. The Planning Board shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the Village of Monticello indicating the general nature of the hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. All property owners within 500 feet of the proposed site shall receive notice from the applicant.
(2)
A special use permit must be renewed on an annual basis in conjunction
with the certificate of registration, unless otherwise determined
by Planning Board waiver or modification.
(3)
A special use permit issued under the provisions of this subsection
shall not be transferable.
(4)
No special use permit shall be issued unless the restrictions set
forth in this section are complied with.
(5)
Notice
requirements of Village Law § 7-725-b and General Municipal Law
§§ 239-l, 239-m and 239-nn shall be met.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In all residential districts, no person shall cause, suffer
or permit the erection and/or maintenance of any parabolic dish or
other antenna or device, the purpose of which is to receive television,
radio and/or microwave or other electrical signals from space satellites,
except as set forth herein:
A.
Any such antenna or device shall be deemed an accessory building,
as said term is defined in this chapter, and shall be subject to all
regulations set forth elsewhere in this chapter and by the further
limitations contained in this section.
B.
Any such antenna or device shall be located only in the rear yard
of any parcel.
C.
The Village Manager of the Village of Monticello is hereby given
site plan approval of the location of the antenna or device to be
installed or maintained and shall require reasonable screening or
other procedures to reduce or eliminate aesthetic damage to the community
which may result from said installation or maintenance.
D.
No such installation shall be permitted or continued except by permit
from the Code Enforcement Officer after site plan approval by the
Village Manager.
E.
No such antenna or device shall exceed 15 feet at its maximum height,
width and depth.
F.
No such antenna or device shall be installed on or above any building
or structure, but shall be freestanding.
G.
Continued maintenance of said antenna or device shall be conditioned
on maintaining the screening required by the site plan in an effective
condition.
A.
Special use permit requirement for new radio antennas, radio towers, other public communications utility towers, accessory business communication towers and amateur radio towers. The construction or erection of new radio antennas, radio towers, accessory business communication towers and amateur radio towers, and other public communications utility towers and equipment mounted thereon and/or the reconstruction, addition or alteration to existing towers, antennas and equipment mounted thereon used to send, receive and relay wireless communications transmissions shall constitute a special permit use in all zoning districts of the Village and shall be subject to the provisions of § 280-12, Standards for special use permits, except as modified by the provisions of this section, and may be specially permitted on any lot, regardless of whether or not there is an existing use of such lot.
B.
ACCESSORY BUSINESS COMMUNICATIONS TOWERS AND AMATEUR RADIO TOWER
FACILITIES
CO-LOCATION
(1)
(2)
(3)
PUBLIC COMMUNICATIONS UTILITY TOWER
STRUCTURALLY MOUNTED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A tower for business or amateur communications transmission
or reception structurally mounted on or off an existing or proposed
structure.
The placement of a new public communications transmission or
reception device on another existing public communications utility
tower.
The placement of a new public communications utility tower in
the same location to replace an existing tower to support an existing
public communications transmission or reception device and/or a new
transmission or reception device in addition to a new transmission
or reception device.
The placement of a new, additional public communications tower
on the same site as a previously existing one.
A support structure for antennas having a location on the
ground and including any and all accessory equipment, buildings, structures,
utilities and access roads supplying commercial personal wireless
communications for the public. A public communications utility tower
does not include ham radio or citizens band radio antennas.
The placement of a transmission or reception device on any
existing structure or proposed structure other than tower constructed
specifically for that purpose.
C.
Special use permit; Federal Communications Commission compliance.
The applicant requesting a special use permit shall constitute an
entity or individual engaged in the supply of commercial, business
or amateur communications services to the public, an individual business
or group of businesses; or for amateur purposes. Any public utility
communications device to be located within the Village shall fully
conform to the Federal Communications Commission's current regulations
and requirements concerning radio frequency emissions, as the same
may be amended from time to time.
D.
Special use permit procedure for new public communications facilities.
(1)
An applicant shall endeavor to co-locate or structurally mount its facility pursuant to the requirements of this section. In the event that an applicant proposes to construct a new facility, the applicant shall demonstrate to the Planning Board that it has considered the use of existing public communications facilities and other structures within a one-half-mile radius of the proposed new facility, or a smaller radius if the same can be shown to be applicable to the proposed facility. In the event that an applicant is unable to co-locate or structurally mount its facility, notwithstanding the presence of a suitably located existing tower or structure, the applicant shall demonstrate this to the Planning Board. If applicable and deemed necessary, the Planning Board may require a good-faith demonstration that the owner(s) of such structure(s) were contacted and either denied permission for such shared use, failed to respond within a thirty-day time period or that there are other overriding reasons rendering the use of such an existing structure infeasible. In the event that the utility requesting such use has demonstrated that the necessary service cannot be provided by locating such device(s) on existing communications or other existing towers or existing structures in the requested service area, then the location of a new communications device shall be permitted, subject to the requirements of site plan approval and the requirements of this section as follows as well as § 280-12, Standards for special use permits. Business communications towers and amateur radio towers shall be exempt from this requirement.
(2)
As to all towers:
(a)
Lot size, setbacks and height. The lot size and setback requirements for a new tower and antenna shall be related to the height of said supporting tower only. The lot shall measure not less than the height of said tower in length and width, and all required yard setbacks shall measure the height of the tower, so that in the event that the structure should collapse or fail, no structure or persons on any adjoining properties will be placed at risk. Notwithstanding the foregoing, the Planning Board shall be permitted in its discretion to waive the foregoing setback requirements in the event they are not deemed necessary for safety purposes or for other valid planning purposes for the site proposed. The Planning Board shall also have the power to waive the setback requirements for fences as set forth in Chapter 142, Fences, for public utility communications facilities. No height limitations established in this chapter of the Village of Monticello Code shall apply to special uses approved in accordance with this section.
(b)
Visual impacts. All new communications structures shall be sited
to create the least practicable adverse visual impact on the surrounding
community and on any historic structures and resources. The applicant
shall provide visual impact assessment information as shall be required
by the Planning Board to evaluate the visual effects of a proposed
communications tower/antenna or device with particular attention to
the areas of high visual and aesthetic sensitivity. Consideration
shall be given to the visual effects of the structure under daytime
conditions. Consideration must only be given to nighttime visual impact
conditions in the event that the structure is required to be lighted
by any applicable governmental regulation.
(c)
The applicant for public utility communications facilities shall
provide visual impact assessment information to the Planning Board
addressing the effects within a three-mile radius of the proposed
site. Visual impact assessments shall incorporate photographic studies
of colored balloons or an acceptable alternative flown at the proposed
site location at the proposed tower height, with photos to be taken
at key vantage points from public thoroughfares and publicly accessible
properties, and from private properties if permission is granted for
access. Notification shall be provided to the Village as far in advance
as possible prior to the date on which such studies are to be conducted.
(d)
To the extent practicable, reasonable screening shall be provided
or existing features retained so as to preserve the views of visually
sensitive areas and scenic vantage points, together with other means
of minimizing the visual effects of the facility, including an appropriate
color choice for the tower, where applicable, to reduce the visual
impact of the tower, where such color choice does not conflict with
other requirements and regulations. The Planning Board may permit
the use of vegetation, either alone or in combination with topography,
fences, walls or other features, to achieve sufficient screening of
the base of any public communications utility tower from any visually
sensitive areas. Where vegetative plantings are proposed for screening
purposes, the Planning Board shall require planting and replacement
specifications which ensure that the intended effect is achieved and
maintained. Siting of such facilities shall, where possible, avoid
the need for compliance with FAA lighting requirements. In the event
that FAA regulations require lighting, the applicant and the Planning
Board shall arrive at the most suitable and least intrusive type of
lighting which still meets the FAA requirements. Siting of new facilities
shall be done with consideration of the potential ability to co-locate
other services on such site, to the extent reasonable and practicable.
In determining reasonableness, the Board shall consider the cost of
screening in relation to the size and scope of the public utility,
commercial business or amateur special use applied for and shall not
be used as a pretext to prevent any such use.
(e)
Access and parking. The Planning Board shall review the means
of access to the public communications utility tower/antenna site
and shall consider its sufficiency with regard to relevant factors
specific to the needs of the requested facility, including but not
limited to width, surfacing, slope, side slopes, drainage and erosion
control, access control devices restricting unauthorized entry, as
appropriate to the needs of the facility, and any emergency vehicles
needed to access the site. Adequate parking and turnaround area shall
be provided for the needs of the site. Care shall be taken to minimize
the visual impacts of the means of access, parking and turnaround
area as seen from areas of high visual sensitivity, and the visual
impacts of the same shall be evaluated and, if necessary, mitigated
as set forth in this section.
(f)
Public safety. The applicant shall demonstrate that the proposed
communications utility, business communication or amateur radio, tower/antenna
and/or appurtenant device(s) will not pose a threat to public health
and safety as a result of falling or blowing ice and/or other debris
and that public access to the same has been restricted in order to
prevent climbing or other trespass on the structure itself.
(g)
Other utility structures, such as storage buildings necessary
to the operation of said tower/antenna, may be located on the same
lot if such location is related to the operation of said facility,
subject to site plan approval by the Planning Board as to color, location,
visual screening, access control and/or other applicable site plan
review considerations.
(3)
As to business and amateur towers:
(a)
In the event that the Planning Board shall find that an accessory
business communications or amateur radio tower is proposed to be mounted
on an existing or proposed structure and to exceed the height of said
structure by no more than 30%, and said tower is designed to resemble
an architectural feature of the aforementioned structure, then no
additional requirements under this section shall apply, except that
the applicant shall demonstrate that the structure on which its communications
device is to be mounted is structurally sufficient to support the
proposed installation if requested by the Planning Board. In the event
that an accessory business communications or amateur radio tower is
proposed which does not meet the requirements of this section, the
applicant shall demonstrate that the lot size is sufficient as to
setback and height.
(b)
In the event that the Planning Board shall find that an accessory
business communications or amateur radio tower is proposed to be located
elsewhere on the business site, but is designed, located and mounted
in such a way and is of such a height as to resemble another approved
site feature such as a parking lot light pole, then no additional
requirements under this section shall apply. In the event that an
accessory business communications or amateur radio tower is proposed
which does not meet the requirements of this section, the applicant
shall demonstrate that the lot size is sufficient as to setback and
height.
(c)
In the event that an accessory business communications or amateur
radio tower is proposed which does not meet the requirements of this
section, the Planning Board may, if it determines the same is necessary,
require a visual impact assessment to evaluate the potential visual
impacts of the same. To the extent practicable, reasonable screening
shall be provided or existing features retained so as to preserve
the views of visually sensitive areas and scenic vantage points and/or
other means of minimizing the visual effects of said facility shall
be employed, including an appropriate color choice and construction
type for the tower, where applicable, to reduce the visual impact
of the same, where such color choice and construction type do not
conflict with other requirements and regulations. The Planning Board
may permit the use of vegetation, either alone or in combination with
topography, fences, walls or other features, to achieve sufficient
screening of the base of the tower from any visually sensitive areas.
Where vegetative plantings are proposed for screening purposes, the
Planning Board shall require planting and replacement specifications
which ensure that the intended effect is achieved and maintained.
Siting of such facilities shall, where possible, avoid the need for
compliance with FAA lighting requirements. If the visual impact analysis
demonstrates that the proposed location would have a harmful visual
impact on areas of extreme visual sensitivity or on adjoining residential
properties or districts, then the applicant shall be required to consider
alternative locations and installations and their relative visual
impacts. Such alternative locations shall include, but not be limited
to, alternate mountings and locations on the site itself, co-location
on other communications towers or structural mounting on facilities
located within a one-half-mile radius of the site, or a smaller radius
if the same can be shown to be applicable based on economic feasibility.
In the event that an applicant is unable to relocate, co-locate or
structurally mount its facility, notwithstanding the presence of a
suitably located existing tower or structure, said applicant shall
demonstrate a good-faith effort that owners of existing towers or
structures within the one-half-mile radius were contacted and either
denied permission for such shared use, failed to respond within 30
days of the date of mailing written request, including weekends and
holidays, or that there are other overriding reasons rendering the
use of such an existing structure infeasible. In the event that the
applicant requesting such use has demonstrated that either the necessary
service cannot be provided by locating such device(s) on existing
communications or other existing business or amateur towers or existing
structures in the prescribed one-half-mile radius, or that there is
no alternate location on the site available that would avoid the visual
impact of the proposed tower, then the installation shall be screened
to the maximum extent possible as set forth above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Special use permit procedure for mounting of public communications
facilities. The Village encourages the structural mounting of public
communications facilities, recognizing that structural mounting on
an existing structure may reduce the potential impacts that may be
associated with a proliferation of new support structures in the Village.
The Village therefore has established an expedited review procedure
for such applications as follows:
(1)
The applicant shall demonstrate that the structure on which
its communications device is to be mounted is structurally sufficient
to support the proposed installation or, in the alternative, can be
modified to do so.
(2)
The applicant shall demonstrate that the access, parking and
other existing site facilities are sufficient to meet its needs or,
in the alternative, the same shall be modified to do so. No lot area
or setback requirements shall apply to structurally mounted facilities,
except for any equipment or buildings installed at grade.
(3)
The Planning Board may require a visual impact assessment to
evaluate the potential visual impacts of the structurally mounted
facility. The Planning Board shall waive any requirements of the Village
of Monticello Code, including the public hearing requirement, where
it shall determine that the same are not relevant to the review of
such structurally mounted facility. Planning Board review of structurally
mounted facilities pursuant to this section shall be strictly limited
to those elements which are proposed to be changed. The provisions
of this section shall supersede the provisions of Village Law § 7-725-b,
Subdivision 6, which require a public hearing for special use permits,
pursuant to the provisions of Municipal Home Rule Law § 10,
Subdivision 1(ii)e(3).
(4)
The applicant shall demonstrate that the proposed structurally
mounted public communications utility device will not pose a threat
to public health or safety as a result of falling or blowing ice and/or
other debris and that public access has been restricted, consistent
with and considering the use of the facility on which the device is
proposed to be structurally mounted.
F.
Special use permit co-location review. The Village encourages the
co-location of public communications facilities, recognizing that
co-location at a suitable site reduces the potential impacts that
may be associated with a proliferation of such sites across the Village.
The Village therefore has established an expedited review procedure
for such applications as follows:
(1)
The applicant shall demonstrate that the supporting structure
is structurally sufficient to provide for an additional facility or,
in the alternative, can be modified to do so.
(2)
The applicant shall demonstrate that access, parking and other
existing site facilities are sufficient to meet its needs or, in the
alternative, the same shall be modified to do so.
(3)
In the event that a new or a reconstructed or an additional tower or support structure is proposed for the site, the applicant shall demonstrate that the lot size is sufficient pursuant to the safety considerations set forth in Subsection D(2)(a) of this section, in which case no additional lot area or setback requirements shall apply.
(4)
In the event that a new or a reconstructed or an additional
tower or support structure is proposed for the site, the Planning
Board may require a visual impact assessment to evaluate the potential
visual impacts of the new or additional element, subject to the guidelines
set forth in this section. The Planning Board shall waive any requirements
of the Village of Monticello Code, including the public hearing requirement,
where it shall determine that the same are not relevant to the review
of such co-located facility. Planning Board review of co-located facilities
pursuant to this section shall be strictly limited to those elements
which are proposed to be changed. The provisions of this section shall
supersede the provisions of Village Law § 725-b, Subdivision
6, which require a public hearing for special use permits, pursuant
to the provisions of Municipal Home Rule Law § 10, Subdivision
1(ii)e(3).
G.
Existing facilities. Nothing herein shall be construed as preventing
the maintenance and continued operation of any lawfully existing public
communications facilities accessory business communication tower and
amateur radio tower within the Village, including the utilization
of state-of-the-art equipment for the facility in order to maintain
its existing level of service consistent with current technology.
However, any increases in tower/antenna height or visibility for the
purpose of increasing the service area or population shall be considered
a new application and shall conform to the location and other requirements
set forth in this section.
H.
Removal of public communications utility towers. In the event that
all the antennas on a public communications utility tower are not
in use for a period of not less than one year, the public communications
utility tower shall be removed and the site restored to its condition
prior to the construction of the public communications utility tower
and the related facilities. In the event that the public communications
utility tower is not removed as required by this section, then, upon
written notice to the applicant securing the approval from the Planning
Board for the special permit for the erection of the public communications
utility tower, which said written notice shall be mailed to the applicant
by registered mail to the applicant's address on the application filed
with the Planning Board, or such other address as the applicant may
provide to the Planning Board from time to time, the applicant shall
remove the public communications utility tower and related facilities
and restore the premises to the extent practicable. In the event that
the applicant fails to remove the public communications utility tower
following notice and demand that the applicant do so, the Village
shall then have the right to proceed to secure such relief against
the applicant to cause the removal and restoration as the Village
may deem appropriate, including but not limited to injunctive relief.
The prevailing party in any action brought by the Village against
the applicant and such other parties as the Village may deem to be
necessary and appropriate shall recover reasonable attorneys' fees
and any engineering and other consultants' fees, as well as the costs
and disbursements of the action.
A.
STRIPPING OF LAND
Definitions. As used in this section, the following terms shall have
the meanings indicated.
The removal of the vegetation, topsoil, or surface of a parcel
or part of a parcel when such part is within 20 feet of the boundary
line or exceeds 20% of the surface of the parcel regardless of location
on the parcel. "Stripping of land" also includes the covering of the
vegetation, topsoil or surface of the parcel with fill whether by
mechanical means or not. "Stripping of land" also includes the changing
of the contours of the land whether by mechanical means or not.
B.
Permits.
(1)
Land may not be cleared, graded, excavated or stripped for any purpose
without a permit, obtained as herein provided.
(2)
Clearing, grading, excavating or stripping of land shall be allowed
only by authorization of the Planning Board by a site plan approval
or as part and any other governmental agency having jurisdiction.
(3)
Applications for clearing, grading, excavating or stripping of land
shall be filed with the Planning Board for approval. Upon authorization
by the Planning Board, the Code Enforcement Officer shall, upon receipt
of the permit fee, issue a permit for such activity.
(4)
The permit shall be valid for a period to be determined by the Planning
Board in its approval and shall be subject to such conditions and
performance guarantees as the Planning Board deems necessary.
(5)
Any deviation from the application as originally approved by the
Planning Board shall require a new application before the Planning
Board and shall be in conformance with these regulations.
(6)
Applications for permits for clearing, grading, excavating or stripping
of land shall be in writing, signed by the applicant on the application
form provided by the Village Clerk in the Planning Board application
package.
C.
Requirements and standards.
(1)
Any area that has been stripped or covered with fill shall be restored
to a suitable grade so as to provide good drainage and no disturbance
to adjacent properties. Final grade shall form a smooth transition
to surrounding undisturbed land. Final slopes shall not be less than
0.5%; slopes greater than 25% shall be terraced, the vertical steps
to be not greater than five feet and stabilized with noneroding material.
Ponding areas shall be provided as required to remove silt from runoff
before flowing from the property.
(2)
Any area that has been stripped or covered with fill shall be seeded
to provide an effective cover crop within the first growing season
following the start of such stripping or covering.
(3)
To insure the compliance of the permittee to the standards of this
section, a performance guarantee in a suitable amount may be required.
Requirements for arts or crafts studios, art galleries and antique
galleries with a floor area greater than 4,000 square feet are as
follows:
A.
Development standards.
(1)
An artist loft may exist on the first floor of the structure,
if all of the following conditions are satisfied:
(2)
Each artist loft shall be separated from other artist lofts
or other uses within a particular building. Access to artist lofts
may be provided from common access areas, halls or corridors.
(3)
Each artist loft shall be individually equipped with an enclosed
lavatory, water closet, bathtub or shower and appropriate venting.
(4)
Each artist loft shall be individually equipped with a kitchen
that contains a refrigerator, four-burner stove and oven with a range
flood vented to the exterior of the unit. Each unit shall provide
a minimum of five feet of countertop, a kitchen sink and a minimum
of 10 feet of storage cabinets. Each unit shall be served by a garbage
disposal unit.
(5)
Each artist loft shall contain a livable floor area of no less
than 800 square feet and no greater than 2,000 square feet. The Planning
Board, upon review, may waive the aforementioned maximum requirement
upon a finding that artwork to be created in said space would require
greater square footage for production or that all of said increased
square footage is to be used as work space.
(6)
No more than 49% of the livable floor area of the artist loft
may be primarily intended for residential uses. In no event may said
residential area exceed 980 square feet. Direct internal access between
living and working areas shall be provided.
(7)
Sprinkler systems shall be provided in all common hallways and
areas of any building containing an artist loft, if the loft contains
only one legal means of egress. Hard-wired smoke detectors with battery
backups shall be provided for all units.
B.
Other requirements.
(1)
All lofts shall comply with New York State Uniform Fire Prevention
and Building Code standards for storage of materials.
(2)
The artist loft shall be occupied by at least one person who
is registered as an artist by one of the following organizations:
the Delaware Valley Arts Alliance, Sullivan Performing Arts or other
recognized artist organizations.
(3)
The artwork that is to be created within the artist loft shall
be compatible with other uses which occur or are to occur within the
building in which the artist loft is to be located.
(4)
No more than two persons per bedroom of residential floor area
may reside within an artist loft.
(5)
Only five nonresident employees may be employed within an artist
loft. This requirement may be waived by the Planning Board for artist
lofts that occur on the first floor of a structure that provides retail
space on that first floor.
(6)
Other than in a first-floor retail-oriented area, articles offered
for sale within an artist loft shall include those produced by the
artist occupying said artist loft and may be offered with other like
items.
(7)
Air conditioners and other objects or equipment shall be prohibited
from projecting from any window that is visible from the front on
a public street and shall be in the back of the building if at all
possible. Clotheslines shall be prohibited.
(8)
One flush-mounted, nonilluminated sign attached adjacent to
or near the street entrance door to the artist loft may be used to
identify the artist. Where two or more artist lofts occur within the
same building, the signs shall be placed in an orderly fashion in
relation to each other.
(9)
Work space and accessory residential space shall not be rented
separately or used by those people legally residing within the artist
loft.
(10)
Mixed-use development. Where residential and nonresidential
uses are in the same structure, the residential portion of a building
shall have separate access.
A.
ASSISTED LIVING
Definitions. As used in this section, the following terms shall have
the meanings indicated.
An entity which provides housing, on-site monitoring and
personal care services to five or more adult residents unrelated to
the assisted living provider. Such assisted living facility must be
licensed in accordance with the provisions of Article 46-B of the
New York State Public Health Law and must provide daily food service,
twenty-four-hour on-site monitoring, case management services, and
the development of an individualized service plan for each resident,
including medication and, if needed, skilled nursing. An operator
of assisted living shall provide each resident with considerate and
respectful care and promote the resident's dignity, autonomy, independence
and privacy in the least restrictive and most home-like setting commensurate
with the resident's preferences and physical and mental status.
B.
Purpose. The Village Board recognizes that there is a community need
to provide housing facilities for senior citizens who do not need
skilled nursing care but do require support and assistance with their
daily living in a monitored, home-like setting. It is the intent of
this section to permit development of assisted living facilities for
senior citizens, to ensure that such developments provide the basic
services and facilities to accommodate residents' needs and to minimize
detrimental effects on neighboring properties.
C.
Permitted uses. The following uses are permitted within an assisted
living housing site, upon approval of a special permit by the Planning
Board:
(1)
Assisted living units for occupancy by senior citizens, excluding
nursing homes, group residences and rooming or boarding houses.
(2)
No more than one dwelling unit for occupancy by a project superintendent
or site manager and his/her family.
(3)
Accessory structures and uses. The following accessory structures
and uses are permitted.
(a)
Any facilities necessary to meet the proper maintenance, security,
storage and utility needs of the development.
(b)
Ancillary uses providing services or amenities only for site
residents, such as but not limited to recreation rooms, lounges, rehabilitation
facilities, exercise rooms and similar facilities.
(c)
Personal services, professional offices or commercial uses which
are otherwise permitted in the zoning district. Such uses shall only
be located on the ground floor of a structure.
D.
Development standards. Assisted living facilities shall be subject
to the zoning standards set forth on the Schedule of Use, Area and
Bulk Regulations[1] as well as other applicable standards of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: The B-1 District Schedule of Use, Area and
Bulk Regulations is included as an attachment to this chapter.
E.
Procedures. Application for a special permit for assisted living
units shall be submitted and reviewed in accordance with the procedures
set forth in this chapter.
F.
Special use permit. No use as described in this section shall be established until the issuance of a special use permit by the Planning Board pursuant to Article IV, § 280-12, of this Code. Application for such special use permit shall be in conformity with this chapter and as provided for herein. The application shall be in writing to the Planning Board and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed, a zoning map showing all uses within 500 feet of the site and such additional information as shall be required by the Planning Board. The Planning Board shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the Village of Monticello, indicating the general nature of the hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. All property owners within 500 feet of the proposed site shall receive notice from the applicant. Notice requirements of Village Law § 7-725-b and General Municipal Law §§ 239-l, 239-m and 239-nn shall be met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Purpose. The Village Board recognizes that in order for healthy main
streets and a vibrant community, encouraging the mixed use of commercial
and residential is vital to the downtown core of the Village. New
residential development and the rehabilitation of existing structures
are encouraged both to meet housing needs and to provide support for
the growth of the downtown businesses.
B.
DWELLING UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated.
See definition under § 280-5.
C.
Permitted uses. The following residential uses are permitted within the B-2 Zone as a permitted use subject to obtaining a building permit and being in compliance with Chapter 202, Rental Permits, of the Village of Monticello Code, as amended, if necessary. To obtain a building permit for residential use, the following conditions must be complied with:
(1)
Dwelling units may be a mixture of studios/efficiencies, one-bedroom,
and two-bedroom dwelling units on the upper stories of buildings.
In no case shall there be apartments with three or more bedrooms.
(2)
Accessory structures and uses. The following accessory structures
and uses are permitted:
(a)
Any facilities necessary to meet the proper maintenance, security,
storage and utility needs of the residential uses.
(b)
Ancillary uses providing services or amenities only for site
residents, such as but not limited to laundry facilities, exercise
rooms and similar facilities.
(c)
Personal services, professional offices or commercial uses which
are otherwise permitted in the zoning district.
D.
Development standards. Residential uses shall be subject to the following
standards as well as other applicable standards of this chapter:
(2)
No signage or window air-conditioning units, to avoid visual
clutter, shall be placed in windows of dwelling units on upper stories
as to be visible from street.
(3)
In addition to parking otherwise required for permitted uses,
not less than one parking space per unit, which may be satisfied by
available municipal parking within 300 feet of the lot.
(4)
Minimum square footage per dwelling unit shall be 550 square
feet for studio, 650 square feet for one-bedroom units; and 750 square
feet for two-bedroom units. Dwelling units must include at a minimum
cooking facilities, one full bathroom, living area and no more than
two bedrooms.
(5)
All buildings with dwelling units that are not owner-occupied must be registered with the Village pursuant to Chapter 202, Rental Permits.[1]
[1]
Editor's Note: Former Subsection E, regarding an instruction
to amend to the Schedule of Use, Area, and Bulk Regulations, and Subsection
F, regarding severability, were deleted as part of the 2020 codification.
[Added 3-17-2021 by L.L. No. 3-2021]
A.
Reservation of parkland on site plans containing residential units.
(1)
Before such authorized board may approve a site plan containing
residential units, such site plan shall also show, when required by
such board, a park or parks suitably located for playground or other
recreational purposes.
(2)
Land for park, playground or other recreational purposes may
not be required until the authorized board has made a finding that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
site plan will contribute.
(3)
In the event the authorized board makes a finding pursuant to Subsection A(2) of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the authorized board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
When said permanent recreational areas are to be required to
be shown, the subdivider shall submit to the Planning Board a suitable
tracing, at a scale of not less than 30 feet to an inch, indicating:
(5)
In no event shall the Planning Board require that more than
10% of the gross area of a proposed subdivision be so shown. The minimum
area of contiguous open space acceptable in fulfillment of this requirement
shall generally be three acres. However, in the case of subdivisions
of less than 10 acres, smaller recreation areas may be approved by
the Planning Board whenever it deems that the difference between the
area shown and three acres may be made up in connection with the subdivision
of adjacent land.
(6)
In applicable cases, the Planning Board shall require execution
and filing of a written agreement between the applicant and the Planning
Board regarding costs of grading, development, equipment and maintenance
of said recreation areas, as well as the conveyance of whatever rights
and title deemed necessary to ensure that said premises will remain
open for use by the residents of the Village of Monticello.
(7)
For all developments and subdivisions, other than up to a four-lot
minor subdivision, if the Planning Board has required the incorporation
of recreation facilities by the developer on his site, the parkland
fee shall be from $250 to $1,250 per unit or lot, whichever is higher.
The Planning Board may reduce the fee to a minimum of $250 per unit
or lot, whichever is higher, by reviewing, on a case-by-case basis,
the following criteria or any other relevant data to determine the
proposed development's overall impact on the Village's recreational
facilities:
(a)
Population/demographics of proposed development;
(b)
Types of recreational facilities proposed for the site, including
whether passive or active, and the nature of the facilities proposed;
(c)
Number of housing units proposed;
(d)
Size/acres of proposed site;
(e)
Seasonality of the development's populations, as well as
seasonality of the on-site facilities;
(f)
Location of proposed development relative to other proposed
or existing public recreational facilities.
[Added 3-17-2021 by L.L. No. 3-2021]
A.
Reservation of parkland on subdivision plats containing residential
units.
(1)
Before the Planning Board may approve a subdivision plat containing
residential units, such subdivision plat shall also show, when required
by such board, a park or parks suitably located for playground or
other recreational purposes.
(2)
Land for park, playground or other recreational purposes may
not be required until the Planning Board has made a finding that a
proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Village. Such findings shall include an evaluation of the present
and anticipated future needs for park and recreational facilities
in the Village based on projected population growth to which the particular
subdivision plat will contribute.
(3)
In the event the Planning Board makes a finding pursuant to Subsection A(2) of this section that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Village Board of Trustees. In making such determination of suitability, the board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
When said permanent recreational areas are to be required to
be shown, the subdivider shall submit to the Planning Board a suitable
tracing, at a scale of not less than 30 feet to an inch, indicating:
(5)
In no event shall the Planning Board require that more than
10% of the gross area of a proposed subdivision be so shown. The minimum
area of contiguous open space acceptable in fulfillment of this requirement
shall generally be three acres. However, in the case of subdivisions
of less than 10 acres, smaller recreation areas may be approved by
the Planning Board whenever it deems that the difference between the
area shown and three acres may be made up in connection with the subdivision
of adjacent land.
(6)
In applicable cases, the Planning Board shall require execution
and filing of a written agreement between the applicant and the Planning
Board regarding costs of grading, development, equipment and maintenance
of said recreation areas, as well as the conveyance of whatever rights
and title deemed necessary to ensure that said premises will remain
open for use by the residents of the Village of Monticello.
(7)
For all developments and subdivisions, other than up to a four-lot
minor subdivision, if the Planning Board has required the incorporation
of recreation facilities by the developer on his site, the parkland
fee shall be from $250 to $1,250 per unit or lot, whichever is higher.
The Planning Board may reduce the fee to a minimum of $250 per unit
or lot, whichever is higher, by reviewing, on a case-by-case basis,
the following criteria or any other relevant data to determine the
proposed development's overall impact on the Village's recreational
facilities:
(a)
Population/demographics of proposed development;
(b)
Types of recreational facilities proposed for the site, including
whether passive or active, and the nature of the facilities proposed;
(c)
Number of housing units proposed;
(d)
Size/acres of proposed site;
(e)
Seasonality of the development's populations, as well as
seasonality of the on-site facilities;
(f)
Location of proposed development relative to other proposed
or existing public recreational facilities.
(8)
In either case, the total amount of parkland fees to be paid
by the developer shall be delivered to the Town prior to the issuance
of any building permits.