Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
For the purposes of this chapter, the following words and terms are used as indicated:
A. 
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural and the plural the singular.
B. 
The word "person" includes a profit or nonprofit corporation, company, partnership or individual.
C. 
The word "shall" is mandatory and not directory; the word "may" is permissive.
D. 
The word "lot" includes the word "plot."
E. 
The word "structure" includes the word "building."
F. 
The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
For the purposes of this chapter, the following words and terms are defined as indicated:
ACCESSORY USE OR BUILDING
A subordinate use or building customarily incidental to and located on the same lot occupied by the principal use or building. The term "accessory building" may include a private garage, garden shed or barn, a private playhouse and a private greenhouse.
ADAPTIVE REUSE OF A HISTORIC BUILDING
Reuse of a building for a purpose other than for which it was historically constructed, and in accordance with the provisions of § 57-13A of this Zoning Chapter.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
AGRICULTURE or HORTICULTURE
The cultivation of the soil for food products or useful or valuable growths of the field or garden, exclusive of facilities for display of products and marketing on the premises, whether wholesale or retail, and shall not be deemed to include poultry or livestock.
ALTERATION
The act of changing, modifying or making different.
ALTERATION, HISTORIC
Any change, construction, reconstruction, covering over, or removal of a regulated property, building or structure or exterior architectural feature(s) thereof. Alteration shall not include routine maintenance or repair of same required by normal wear and tear with the same materials unless such maintenance would result in a change in the architectural appearance of the structure. Interior alterations that do not affect the exterior architectural features of the regulated structure are not regulated by this section.
ARBORIST
A person who has received at least a Bachelor Degree in plant science from an accredited college or university and who has been certified to conduct business in the State of New York by the New York State Chapter of the International Society of Arboriculture (ISA).
AUTOMOBILE SALES
A motor vehicle dealership or establishment that sells new or used passenger automobiles at retail, employing salespeople to sell the vehicles.
AUTOMOTIVE SERVICE STATION
A building or lot or part thereof devoted primarily to fuel dispensing, repairs, servicing, washing or reconditioning of motor vehicles.
BANK or SAVINGS-AND-LOAN ASSOCIATIONS
A bank or similar financial institution licensed to receive monetary deposits and make loans. Banks may also provide financial services, such as wealth management, currency exchange and safe deposit boxes. A bank may include a drive-through facility and ATM machine for the conduct of business.
BASEMENT
A story partly underground, but having at least 1/2 of its height above the average finished grade level of the ground immediately adjacent to the building wall. A "basement" shall not exceed the total gross floor area of the story immediately above it, and shall count as habitable floor area.
BASEMENT, SUBTERRANEAN
Any basement area which exceeds either the gross floor area of the story immediately above it, as per the definition of a "basement," or any basement where the total floor-to-ceiling height is greater than 12 feet, shall be deemed a subterranean basement and is prohibited.
BED-AND-BREAKFAST
Overnight lodging within an owner-occupied single-family detached dwelling, managed by the property owner, where said lodging is provided to transient guests in one to four guest bedrooms, and up to a maximum of eight guests, for compensation. Breakfast is the only meal served and is included in the charge for the room. This term does not include boardinghouses, motels, hotels, tourist courts, motor lodges, tourist cabins or similar terms.
BLOCK
A tract of land or lot or group of lots bounded by streets, public parks or parkways, railroad right-of-way, reservoir, lake or other body of water or watercourse, unsubdivided land or a boundary line or lines of the Town of Monroe or any combination of the above.
BOTTLED GAS DISTRIBUTION STATION
The commercial retail sale and distribution of propane gas in tank or cylinder to consumers, including its purchase, storage and filling for the purpose above.
BUILDING
A structure constructed or erected on the ground, with a roof supported by columns or walls.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade to the highest point of such building. Calculation of the average final grade shall be made by drawing the smallest rectangle or square possible that encompasses the entire building area as shown below and averaging the elevations at the midpoint of each side of the rectangle or square. Fill shall not be used to raise the average final grade more than three feet above the existing grade of an existing dwelling located within 50 feet on an adjoining property.
BUILDING OR LANDSCAPE MATERIALS STORAGE YARD
A building or area of land where building materials, landscape materials equipment and/or supplies used exclusively as part of a contractor's business involving the construction of buildings or landscaping associated with same are stored. Retail or wholesale trade of any contractor materials or supplies is not permitted accessory to a storage yard. The materials processing of organic or inorganic materials including rock crushing, mulching, or soil screening is not permitted in conjunction with this use.
BUILDING, AREA OF
The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces, inclusive, and including the area of accessory buildings, if any. In the case of split-level dwellings, the first floor area shall be deemed to include floor areas on two nonoverlapping levels separated by a half-story, more or less, of height.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which said building is situated.
BULK REQUIREMENTS
The various dimensional requirements applicable to uses, buildings, and structures, including those set forth in the Schedule of District Regulations,[1] and including those applicable to yards, building height, lot coverage, floor area ratio, and other such dimensional standards set forth in this Zoning Chapter.
BUS PASSENGER WAITING SHELTER
Any structure or building located on a bus route that provides shelter to passengers waiting to embark on the bus.
BUSINESS PARK
A use consisting of a tract of land developed or used for more than one commercial, industrial, office or residential uses listed as a permitted or special use in the underlying LI Zoning District, or the BP-O District, which is designed pursuant to an overall development plan and having some or all of certain infrastructure facilities shared in common, such as driveways, parking areas, drainage, utilities or screening and for which a declaration of development has been filed with the Town Clerk.
CAR WASH
A building or area of land designed exclusively for the cleaning of motor vehicles whether by machinery line or with hand-operated cleaning devices.
CELLAR
A space having more than 1/2 its height below the average finished grade level of the ground at the cellar building wall. A cellar shall not be counted as a story or as habitable floor area.
CEMETERY
Land and buildings, whether privately or publicly owned or operated, used for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other repository. Such term shall also include land and buildings used and essential to the providing of cemetery purposes including, but not limited to, storage facilities for necessary tools and equipment.
CERTIFICATE OF APPROPRIATENESS
A permit issued by the Planning Board pursuant to § 57-32 of this Zoning Chapter to authorize alteration, demolition or new construction of a regulated property, building or structure.
COURT
A space, either on the ground or above, excepting a main roof, situated on the same lot with a building and which is unoccupied and open to the sky and not a front yard, side yard or rear yard.
COURT, DEPTH OF
The maximum horizontal dimension at right angles to the width.
COURT, HEIGHT OF
The greatest vertical distance measured from the lowest level of such court up to the roof of the building.
COURT, INNER
A court which is not an outer court.
COURT, OUTER
A court extending to a street, front yard or rear yard.
COURT, WIDTH OF
The horizontal dimension parallel to the principal open side in the case of any outer court and the least horizontal dimension in the case of an inner court.
CRITICAL ROOT ZONE
A circular area around each tree with the trunk at the center and a diameter equal to or greater than the drip line as measured by the width of the canopy of the tree, but in any event, at least a circumference of six feet from the tree trunk in any direction. The Building Inspector may reduce the size of a critical root zone upon recommendation of the Town of Monroe Conservation Commission pursuant to an approved tree plan.
CUSTOM WORK, SHOP FOR
(See also "workshop.") A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure for sale at retail on the premises only, not including the manufacture of ready-to-wear or standardized products.
DAY CAMP, CHILD
One or more temporary or permanent tents, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary seasonal occupancy and not arranged or intended for such occupancy except during the period or part of the period from April 1 to December 1 in any year. The principal use shall be for the daily occupancy of children between the ages of 4 to 18. Child day camps, camps, or summer cottages that do not meet the occupancy standards set forth in the special use standards for a child day camp are prohibited.
DAY SPA
A commercial use where a combination of professionally administered personal care treatments such as massages, facials, body wraps, salt scrubs, and other body treatments are performed. Manicures, pedicures, and hair salon uses may also be included. The facility is only visited for the duration of the treatment and only on a daily basis and the visitation does not involve an overnight stay or accommodation.
DAY-CARE CENTER
A nonresidential facility which is either authorized by the New York State Department of Social Services and operated by a service provider found qualified by that Department, or licensed by the New York State Department of Health and operated by a service provider found qualified by that Department, and which in both cases offers an organized program of personal care, supervision 2-7 and activities for three or more children and/or adults for less than 24 hours per day.
DBH (Diameter at Breast Height)
The diameter, expressed in inches, of a tree measured at 4 1/2 feet at the grade above ground level at the base of the tree.
DECLARATION OF DEVELOPMENT
A document filed by the initial developer of a business park with the Town Clerk, which shall state the name and place of business of the developer and describe the area and boundaries of the tract of land that will comprise the proposed business park, by reference to Tax Map parcels or any other means of reference acceptable to the Planning Board. The declaration shall also include a statement of intent setting forth the proposed plan of development for the business park.
DEMOLITION
The act of pulling down, destroying, removing, moving, relocating, or razing a regulated property, building or structure or portion thereof, or commencing the work of total or substantial destruction with the intent of completing same, including removal.
DEMOLITION, EMERGENCY
A demolition authorized pursuant to the New York State Uniform Building Code, when, after inspection, it is determined by the Building Inspector or other authorized official, after consultation with the Town Engineer, that a regulated structure poses an imminent threat to the health or safety of the community that cannot be adequately mitigated and that immediate demolition is necessary to protect public health and safety.
DEVELOPER
Any applicant seeking site plan, special use or subdivision approval, whether an owner, contract vendee, lessor, lessee, managing agent, etc., and shall include the agents of said applicant for approval and all successors in interest of same. The term "developer" shall include any owner, contract vendee, lessor, lessee, managing agent, etc., as the same exists at the time of site plan approval, at the time of building permit issuance and at the time that issuance of a certificate of occupancy is sought.
DUMP
A disposal facility or part of a facility where solid waste, including hazardous waste, is placed in or on land. As used herein, the terms "disposal facility," "waste" and "hazardous waste" shall have the same meaning as those terms are defined in Article 27, Title 9 (§ 27-0901), of the Environmental Conservation Law and, further, hazardous wastes shall include any such wastes as identified by the Commissioner of the Department of Environmental Conservation as such pursuant to his powers of identification contained in § 27-0903 of said law.
DWELLING
A building arranged, intended or designed to be occupied by one or more families living independently of each other on the premises. The term "dwelling" shall include prefabricated buildings and mobile homes, provided that they meet all the requirements of this chapter, the Building Code and all other requirements or ordinances applicable to dwellings.
DWELLING GROUP, MULTIPLE
A building, group of buildings or housing development operated as a single project and arranged, intended or designed to be occupied by three or more families living independently of each other in separate dwelling units. The term "multiple dwelling group" shall include attached and semi-attached single-family dwellings, patio homes, townhouses, garden apartments, and duplex buildings, which dwellings may be sold or rented individually, provided that a common area is retained by a homeowners' or condominium association or by the property owner for the exclusive benefit of the residents of the multiple dwelling group.
DWELLING, ACCESSORY APARTMENT
A dwelling unit with its own cooking, sanitary and sleeping facilities and occupied by no more than one family, which accessory apartment is part of and subordinate to a single-family detached dwelling located on an individual lot, and wherein the principal single-family detached dwelling is owner-occupied.
DWELLING, MULTIPLE-FAMILY
A building arranged, intended or designed to be occupied by three or more families living independently of each other in separate dwelling units.
DWELLING, SINGLE-FAMILY
A dwelling designed for and used by one family. The existence in design or otherwise of more than one room in a dwelling designed or used for cooking and food preparation and designed to contain or containing cooking facilities and food storage and preparation facilities, commonly known as a "kitchen," shall be prima facie evidence that the dwelling is not designed for or used by one family. This evidentiary rule, however, shall not apply to a kitchen designed for or used solely in observance of religious holy days or feast days. The existence in design of a floor and room layout for a second story substantially similar in design to the floor layout of the ground floor of the same dwelling, which second story can be isolated from the ground floor by a single door or partition, shall likewise be prima facie evidence that the dwelling is not designed for use by one family.
DWELLING, SINGLE-FAMILY ATTACHED
A building containing three or more single-family dwellings each on an individual lot which are attached to one or more single-family dwellings by party wall or walls, but which dwelling occupies all space between foundation and roof. Also referred to as "townhouse" dwellings.
DWELLING, SINGLE-FAMILY DETACHED
A single-family dwelling on an individual lot.
DWELLING, SINGLE-FAMILY SEMI-ATTACHED
A building containing two single-family dwellings, each on an individual lot but which are attached to each other by a party wall, and where each dwelling occupies all space between foundation and roof. Also referred to as a "duplex" building.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, general design and general arrangement of the exterior of any regulated property, building or structure, including but not limited to the kind and texture of the siding and other building materials and the type and style of the trim, doors, windows, steps, entryways, and other architectural features, but shall not include the kind and color of paint and light fixtures on any regulated structure.
A. 
One of the following:
(1) 
One or two persons occupying a dwelling unit; or
(2) 
Three or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
B. 
It shall be presumptive evidence that three or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.
C. 
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(1) 
The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
(2) 
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
(3) 
The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
(4) 
The group is permanent and stable. Evidence of such permanency and stability may include:
(a) 
The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
(b) 
Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
(c) 
Members of the household are employed in the area;
(d) 
The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
(e) 
There is common ownership of furniture and appliances among the members of the household; and
(f) 
The group is not transient or temporary in nature.
(5) 
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
FLOOR AREA, MINIMUM HABITABLE
The total horizontal area of all stories of a dwelling unit measured at the outside wall of the building, but excluding garages, carports, open porches, terraces, utility rooms and floor areas with a clear ceiling height of less than seven feet six inches. The minimum habitable floor area of a dwelling unit having more than one story shall be discounted by 300 square feet to allow for stair and additional hallway areas.
FORESTER
A person who has received at least a Bachelor Degree in forest management or associated discipline from an institution accredited by the Society of American Foresters and professional experience in forestry. Such person shall also have voluntarily agreed to meet the standards prescribed by the State of New York Department of Environmental Conservation's (DEC's) Cooperating Foresters Program and be listed on the DEC's Directory of Cooperating Foresters.
GARAGE
A building or part thereof used for the storage or parking of one or more motor vehicles.
GARAGE, PRIVATE
An accessory garage maintained for the convenience of the occupant or occupants of the main building and in which no business or other use is carried on and no service is rendered to the general public.
GASOLINE FILLING STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering services such as lubrication, washing and minor repairs with hand tools.
GATHERING PLACE
A place of assembly allowed by special permit in a residential district, for organizations or loose affiliations of like-minded people regularly meeting to plan or conduct organization functions or other organized activities within habitable areas of a single-family detached dwelling, subordinate to its use as a single-family detached dwelling. Regular meeting means one or more times per month. The maximum size of the area of assembly will be governed by the New York State Uniform Code covering the assemblage of people and the ability of the site to provide for the special conditions determined by the special permit application in order to provide for such gatherings while ensuring the safety of those individuals in attendance and of surrounding properties. The area of assembly shall not occupy more than 30% of the total square footage of the residence excluding bedrooms, corridors, bathrooms and kitchens as further defined in the then-current New York State Uniform Code. For the purpose of this use, garages and cellars are not considered habitable space and may not be used for gatherings or be used in calculating the permitted area of a gathering place. The Planning Board shall determine the maximum occupancy at the time a special permit is issued, based on provisions of the New York State Uniform Code. Under no circumstances may the number of persons exceed 50.
GOLF COURSE
An area of land laid out for the outdoor play of golf with a series of nine or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards.
GUEST SLEEPING ROOM
Any habitable room used as a sleeping accommodation for transient occupancy in a hotel with one bathroom for each habitable room and no kitchen or cooking facilities, other than a small refrigerator or coffee maker.
HEALTH FITNESS FACILITY
A building where active exercise and related activities are performed utilizing weight control or muscle-building equipment or apparatus for the purpose of physical fitness. A health fitness facility may also include, as accessory uses, services and activities provided in conjunction with a day spa, a daycare room, physical therapy activities, and refreshments.
HISTORIC BUILDING
Any building which meets the criteria set forth in § 57-32 of this Zoning Chapter.
HOME OCCUPATION
Any limited personal service, professional service, or business accessory use conducted entirely within a dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residential living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate. Home occupations are categorized as "exempt," "minor" or "major" and regulated in accordance with § 57-44B of the Zoning Chapter.
HOSPITAL
A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. A "hospital" shall be deemed to include a clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.
HOTEL
A commercial building or portion thereof, containing guest sleeping rooms, without individual kitchen or cooking facilities, occupied by transient guests who are lodged, with or without meals, which rooms have direct access to the outside and sole access from public hallways. Conference space, a restaurant, and recreational amenities are allowed accessory to a hotel.
INDOOR MOVIE THEATER
A commercial use operated in a building that contains an auditorium for viewing films (also called movies or cinemas), for entertainment. Nothing herein shall be interpreted to allow adult mini theaters or adult theaters which are defined and regulated as a separate use.
INDOOR PISTOL RANGE
A commercial use operated in a building that contains a firing range with targets for rifle or handgun practice.
INDOOR SPORTS FACILITIES
A commercial establishment in which athletic, recreational or physical activities, training or instruction are primarily conducted. An indoor sports facility may include but is not limited to any of the following: tennis and other racquet courts, swimming pool, spa and sauna facilities, handball and other ball courts, nonmotorized cycling tracks, running tracks, skating, roller or skateboard rink or facility, health and physical fitness training or gym, including free weight and other physical fitness machines, climbing facility, self-defense or martial arts studios, fitness and dance studios, bowling alleys, miniature golf, billiard tables, archery or shooting ranges. Indoor sports facilities may also include electronic and coin-operated devices such as electronic golf and batting cages, as well as other electronic devices such as video games, pinball, mechanical grab machines and the like. Indoor sports facilities may be combined with outdoor sports facilities and may include shower facilities, locker rooms, restaurants and dining facilities as accessory uses and the sale of necessary equipment and appurtenances. Indoor sports facilities shall not mean nor otherwise be interpreted to include adult entertainment, adult bookstore, adult motion-picture theater or adult mini motion-picture theater as those terms are defined in this chapter.
INDUSTRY, NONNUISANCE
Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, odor, dust or other air pollutants, radioactivity or electromagnetic disturbances, liquid or solid wastes, noise, vibration or excessive light beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, or by potential hazards of fire or explosion and which does not include any open storage yard or outdoor processing of materials.
INVASIVE PLANT SPECIES
A plant genus that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Plants in any stage of development, including, but not limited to trees, shrubs, vines, grasses, sedges, rushes, herbs, mosses, lichens, as well as submergent, emergent, free-floating or floating-leafs, and includes any part of the plant. For purposes of this chapter, prohibitive invasive plant species are those that are listed by the New York State Department of Environmental Conservation under Section 575.3 of 6 NYCRR Part 575.
JUNKYARD
A lot, land or structure or part used in whole or in part for the storage and/or sale of refuse, which includes but is not limited to wastepaper, rags, scrap metal or other scrap or discarded materials and/or for the collecting, dismantling, storage or salvaging of machinery or unregistered vehicles and/or for the sale of parts thereof. Two or more such vehicles, unregistered, located on a property for more than 30 days shall be deemed to be a "junkyard." A property on which is located one cubic yard or more of refuse as defined above for more than 30 days shall also be deemed to be a "junkyard." Exceptions to the foregoing machinery and vehicles owned by a resident owner of the premises or immediate family residing on the premises may be stored in a legal accessory garage or storage structure for repair, storage or customizing for resident and family use only and not for sale, storage or repair for others. Storage of the above shall not interfere with required garage space for registered vehicles.
LABORATORY AND RESEARCH FACILITIES
A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products. A research institute or laboratory shall meet the same performance standards as a nonnuisance industry. (See "industry, nonnuisance" above.)
LAND DEVELOPMENT APPLICATION
Any application submitted to obtain approval for any land development, which includes but is not limited to a building permit, certificate of occupancy, site plan, subdivision, floodplain development permit, wetland permit, special use permit.
LAUNDRY OR DRYCLEANING ESTABLISHMENT
A commercial use for pick-up and delivery only of dry-cleaned garments or laundry. Tailoring services are allowed accessory to a laundry or drycleaning establishment.
LOT
A parcel of land occupied or which may be occupied by a building and its accessory buildings, by a dwelling group and its accessory buildings or by a related group of uses or structures, together with such open spaces as are required under the provisions of this chapter. A lot on which a proposed use is intended to be located shall have not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and shall have its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law.
LOT AREA
The total gross area included within lot lines.
LOT AREA, MINIMUM
The total area included within lot lines after deducting any area identified as an environmental constraint set forth in § 57-21.1.
LOT COVERAGE
The percentage of the lot area that is occupied by the area of buildings, structures and all impermeable and/or compacted surfaces, including but not limited to parking lots, access and circulation drives.
LOT LINE
Any line dividing one lot from another or from a street or other right-of-way. Any lot line that is not a rear lot line nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
A lot line which separates a lot from a street or other means of access. On a corner lot, the owner may specify the front lot line on the plat plan. Otherwise, the "front lot line" shall be deemed to be the lesser of the straight lines which abut the street.
LOT LINE, REAR
The lot line generally opposite to the front lot line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.
LOT, CORNER
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets. On a through lot, the owner may designate the front lot line on a plat plan or site plan. The line opposite the front lot line shall be the rear lot line.
LOT, WIDTH OF
The mean dimension of the two lines measured at both the required minimum rear and front yard depths or, in a case where a building setback line is established by the Planning Board at the time of subdivision approval, which line is further removed from the street line than the minimum front yard depth, at such lines. The dimension of width shall be measured along such lines as extended the straight distance from side lot line to side lot line, which lines are generally parallel to the front lot line. In such case where a front or rear lot line is curved, the dimension of lot width shall be measured along a line which is perpendicular to a line bisecting the lot from front to rear. Every point along a lot width line shall be the minimum required distance from the front or rear lot line.
MEDICAL OFFICE
A building in which are located offices used by persons having professional knowledge or skill in the diagnosis and/or treatment of human ailments, including medical, dental, optometric, chiropractic, podiatric, diagnostic and other similar offices and related facilities and laboratories.
MEMBERSHIP CLUB
Premises used by a not-for-profit organization with annual membership dues catering exclusively to members and their guests for social, recreational, athletic, professional, cultural or similar purposes. The members of the organization shall have a financial interest in, and method of control of, the assets and management of the "membership club."
MOBILE HOME
A movable single-family dwelling, having a width of 12 feet or more and a length of 50 feet or more, equipped with a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration.
MOBILE HOME PARK
A lot, parcel or site, with appurtenant facilities and services, for one or more mobile homes approved by the Planning Board as a special use.
MUNICIPAL PARK
A public park, playground, or recreation area, whether available for active or passive recreation, available to Town of Monroe residents.
NEW CONSTRUCTION
The erection or installation of any new building or structure that requires a building permit.
NEWSPAPER OR PRINTING ESTABLISHMENT
A facility involved in the production of books, newspapers, or other printed material.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such structure which does not conform to the building regulations of this chapter for the district in which it is situated, irrespective of the use to which such structure is put. (See § 57-5.)
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use, which does not conform to the use regulations of this chapter for the district in which it is located.
OFFICE
A use where services are performed involving predominately administrative or clerical operations for either business or professional purposes. Office use, as defined herein, also includes medical offices.
OUTDOOR SPORTS FACILITIES
A commercial establishment in which athletic, recreational or physical activities, training or instruction are primarily conducted. An outdoor sports facility may include but is not limited to any of the following: tennis courts, swimming pool, ball courts or fields, including but not limited to croquet, bocce, volleyball, football, baseball, softball, field hockey, lacrosse and soccer, running tracks, nonmotorized cycling tracks, skating, roller or skateboard rink or facility, miniature golf and batting cages. Outdoor sports facilities may also include incidental spectator viewing facilities appurtenant to each individual such court or field where appropriate; provided, however, that no event that involves the public assembly of more than 500 persons at any one time to the outdoor sports portion of the site shall be permitted. Outdoor sports facilities shall specifically exclude the following: sports or activities that would generate unreasonably large crowds, excessive noise or otherwise result in the creation of hazardous or nuisance conditions, including but not limited to the use of motorized watercraft and/or jet skis, tracks, trails or facilities for snowmobiles, tracks, trails or other facilities for any kind of motorized vehicle and/or motorized cycle, whether battery-powered or powered by combustion, aviation and tracks for racing horses, dogs or other animals. Outdoor amplified music systems and/or speakers are specifically prohibited. Outdoor sports facilities shall not include amphitheaters, band shells, campgrounds nor shall the definition mean or otherwise be interpreted to include adult entertainment, adult bookstore, adult motion-picture theater or adult mini motion-picture theater as those terms are defined in this chapter.
PARKING AREA
A lot or part thereof used for the storage or parking of motor vehicles accessory to a principal use on the same lot which it serves.
PARKING SPACE
A stall or berth which is arranged and intended for parking of one motor vehicle.
PERFORMANCE BOND
Any written and executed guaranty, obligation or promise, made by an owner or developer of property who has received site plan, special use or subdivision approval from the Planning Board, to install public improvements required by the Planning Board or to perform other required acts within a fixed period of time that may be required by the Planning Board pursuant to plan approval, Town Board or any local law or ordinance of the Town.
PERSON
Any person, firm, partnership, corporation, limited liability company, association or legal representative, acting individually or jointly.
PERSONAL SERVICE
A commercial use in which the product offered is the work or action performed, as in shoe repair shop, beauty shop, barber shop, and similar uses.
PLACE OF WORSHIP
A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of belief are held. Places of worship may include clergy offices, offices of the place of worship, meeting rooms to be utilized for various activities and community services offered or sponsored by the place of worship, social halls (except that said social hall may not be utilized as a place of business for a commercial caterer), clergy or caretaker residence, day care and recreation areas.
PLANNING BOARD
The Planning Board of the Town of Monroe, New York.
PUBLIC IMPROVEMENT
Any street, roadway, curb, gutter, sidewalk, parking lot, retaining wall, water main, fire hydrant, sanitary waste disposal facility or structure, storm drain, retention or detention pond, wetland restoration facility, street signs, streetlights, trees, seeding, sodding, tree planting, landscaping improvement or any other public facility or requirement of the Planning Board or any local law or ordinance of the Town identified or characterized as a public improvement as part of an approved plan in order to protect the public health, safety and welfare and where such improvement shall be dedicated to the Town or other public entity or authority. Any improvement that is not intended to be dedicated to the Town or other public entity or authority shall be deemed private and shall not fall under this definition.
PUBLIC IMPROVEMENT SECURITY AGREEMENT
A written agreement entered into between a developer and the Town, which provides a schedule for the completion of public improvements required by the Planning Board as part of its approval and which provides for the deposit of a certain amount of approved security with the Town in escrow to secure installation of the required public improvements or to permit the Town to adequately safeguard the project site in those instances where a developer has failed to make public improvements according to the schedule.
PUBLIC UTILITY BUILDING OR STRUCTURE
Any organization duly authorized to furnish to the public, under public regulation, electricity, gas, water, sewage treatment, television, or cable services.
REMOVAL OF A STRUCTURE
A type of demolition that involves relocation of a regulated property, building structure or portion thereof to another location on the same lot or on another lot.
RESTAURANT
Any commercial use where food and beverages are sold primarily for on-premises consumption to patrons seated at tables and where food is served at the table.
RESTAURANT, DRIVE-THROUGH
Any commercial use where food and beverages are sold for consumption by patrons seated at tables on the premises, or sold to a customer in a vehicle at a drive-through facility, primarily for the consumption of food off the premises.
RESTORATION BOND
Any written and executed guaranty, obligation or promise, made by an owner or developer of property who has received site plan, special use or subdivision approval from the Planning Board as part of said approval, to restore a site to a safe, secure and stable condition, in the event that public improvements have not been properly or timely completed as required by said approval.
RETAIL
A commercial use involving the sale of goods directly to the public in relatively small quantities for use or consumption rather than for resale.
SANITARY PLANT or WASTEWATER TREATMENT PLANT
A sewerage system, including sewers and a disposal plant, of design approved by the New York State Department of Health.
SCHOOL, PRIVATE
Any educational institution conducting a regularly scheduled curriculum of study similar to that of "public schools" and operated in accordance with the Education Law of the State of New York and chartered by the New York State Board of Regents. For purposes of this Zoning Chapter, private school shall include schools serving grades kindergarten through 12th grade.
SCHOOL, PUBLIC
An educational institution operated by a public school district in accordance with the Education Law of the State of New York and chartered by the New York State Board of Regents. For purposes of this Zoning Chapter, public school shall include schools serving grades kindergarten through 12th grade.
SELECTIVE SPECIES CUTTING
The practice of removing selective trees of any DBH to discourage the reestablishment of naturally occurring native hardwood forests.
SELF-SERVICE STORAGE FACILITY
A facility containing a structure or structures containing separate, individually leasable or rentable storage spaces of varying sizes.
SEQRA
The New York State Environmental Quality Review Act, and its implementing regulations set forth in 6 NYCRR Part 617.
SHOPPING CENTER, GENERAL
A tract of land with a building intended for one or more uses otherwise allowed as principal permitted uses or by special use permit in the GB District, on a site of 40,000 square feet or more. Any use allowed by special use permit shall obtain same by approval of the Planning Board.
SHOPPING CENTER, NEIGHBORHOOD
A tract of land with a building intended for one or more uses otherwise allowed as principal permitted uses or by special use permit in the NB District, on a site of 20,000 square feet or more. Any use allowed by special use permit shall obtain same by approval of the Planning Board.
SHOPPING CENTER, REGIONAL
A tract of land with a building or buildings planned as a whole and intended for one or more uses otherwise allowed as principal permitted uses or by special use permit in the Business Park Overlay District in accordance with the regulations of same.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property, and only incidentally upon the property if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted upon the property.
SPECIAL USE or SPECIAL PERMIT USE
A use for which the Planning Board may authorize a permit pursuant to the provisions of Article V.
A. 
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STEEP SLOPE
For purposes of this Zoning Chapter, a steep slope is any slope that equals or exceeds 30%.
STORY
That portion of a building which is between one floor level and the next higher floor level or the roof. The following locations shall not be deemed to be a story:
A. 
A basement where the finished floor immediately above is less than seven feet above the average elevation of the finished grade; and
B. 
An attic not meeting the requirements for habitable space under the New York State Uniform Fire Prevention and Building Code.
STORY, HALF
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
STREET
A right-of-way for vehicular traffic including road, highway, avenue, street, parkway, lane or other way, whether public or private.
STREET LINE
The right-of-way line of a street.
STRUCTURE
Anything constructed or erected on or under the ground or upon another structure or building.
SUMMER COTTAGE
A single-family detached dwelling which is arranged, designed and intended to be used or occupied seasonally and only during the period or part of the period from April 1 to December 1 in any year.
SUMMER COTTAGE DEVELOPMENT
Two or more summer cottages, as defined in "summer cottage" above, on one or more lots, arranged and designed with or without accessory structures, such as a machine building, lodge, community center, swimming pool and other recreation facilities.
SWIMMING POOL, COMMERCIAL
Any constructed body of water or structure to contain water and any accessory buildings or equipment pertaining thereto which are operated for profit or gain and are used or intended to be used for swimming or bathing by persons who pay admission on a daily, weekly or other basis, including seasonal tickets.
SWIMMING POOL, NONCOMMERCIAL
Any body of water or structure constructed to contain water and any accessory equipment pertaining thereto, used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. Such noncommercial swimming pool shall not be operated for gain and shall be located on a lot only as an accessory use to the dwellings thereon, to a membership club or to a motel or hotel.
TAVERN or BAR
An establishment for the serving and sale of beer, wine and other alcoholic drinks to be consumed on the premises, and sometimes also serving food.
TOWN BOARD
The Town Board of the Town of Monroe.
TOWN CLERK
The Town Clerk of the Town of Monroe.
TRAILER
Any vehicle mounted on or capable of being mounted on wheels, movable either by its own power or by being drawn by another vehicle, and including those vehicles capable of use for living, sleeping quarters, or so as to permit cooking, or equipped to be used for offices, storage or other commercial use. The term "trailer" shall also include vehicles, if mounted on temporary or permanent foundations with the wheels removed.
TREE
A living woody perennial plant, typically having a single stem or trunk, bark, branches, canopy and critical root zone.
TREE REMOVAL
The removal of any tree or trees except the removal of dead trees or trees that pose a hazard, and the removal of 50% or more of the crown, trunk or root system, and other actions causing the death through damaging, severe pruning, poisoning or close trenching.
TREE TOPPING
Severe cutting back of limbs, to stubs larger than three inches in diameter, within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. This term shall not apply to severe cutting back of limbs of landmark, native, protected and/or specimen trees to preserve or extend tree life upon the recommendation of an arborist, forester or landscape architect pursuant to an approved tree plan.
TREE, LANDMARK
A particular tree determined by the Town Board upon the recommendation of the Town of Monroe Conservation Commission to be significant to the community on the basis of age, specimen quality, historical significance or other unique characteristic. A landmark tree may be an outstanding example of a tree that has some historical connection with the community's past. Such trees shall be designated "landmark trees" by the Town Board by resolution.
TREE, NATIVE
A particular tree determined by the Town Board upon the recommendation of the Town of Monroe Conservation Commission as uncultivated flora indigenous to the geographic regions of the State of New York, New Jersey, Pennsylvania, Connecticut and Vermont, which have adapted over time to various environmental and social influences such as soil types and hydrology, microclimates and human influence.
TREE, PARK
Any tree, bush, shrub, or woody vegetation on land areas owned or maintained by the Town of Monroe, but to which the public has free access, as in a park.
TREE, PROTECTED
Any living tree species designated by the New York State Department of Environmental Conservation in the "New York Natural Heritage Program: New York Rare Plant Status List" as endangered, threatened, rare, or vulnerable; or any living tree species designated by the Town of Monroe as protected because of its uniqueness or vulnerability as a result of environmental stress. A list of protected tree species, whether on the list designated by the Town Board or on the New York State Natural Heritage Program: New York Rare Plant Status List, will be developed by the Town of Monroe Conservation Commission and appended to this chapter, after approval of the same by the Town Board by resolution.
TREE, SPECIMEN
A tree with a trunk 24 inches or more at DBH, or any living tree species designated as a specimen tree by the Town of Monroe Town Board by resolution and upon recommendation of the Monroe Conservation Commission. Specimen trees of less than 24 inches at DBH shall have a particularized characteristic benefiting the public health, welfare or safety.
TREE, STREET
Any tree, shrub, bush or woody vegetation on land lying between property lines on either side of all streets, highways or rights of-way within the Town of Monroe.
TRUCK TERMINAL OR DISTRIBUTION CENTER
A facility for the temporary storage of finished products in a warehouse or other specialized building, with or without refrigeration or air conditioning, which is stocked with products to be redistributed to retailers or wholesalers, by vehicle, van, or truck.
USE
The purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot therewith, and which shall not occupy more lot area or floor area than the principal use.
USE, PERMITTED
A use allowed by right.
USE, PRINCIPAL
The primary or predominant use for which a building or lot is used.
USE, SPECIAL
A use which is permitted in accordance with Article V of this Zoning Chapter, subject to requirements imposed herein to assure that the proposed use is in harmony with the Zoning Chapter and will not adversely affect the neighborhood if such requirements are met.
UTILITY TOWER
Any aboveground structure which is designed to transmit, relay or receive electronic, light, telephone, telegraph, television or radio signals, or any combination thereof or similar electromagnetic or light signals, no matter by whom constructed or by whom owned or operated and regardless of the intended recipient of such signals. This definition shall not apply to antennas erected upon or appurtenant to residential structures, designed primarily to serve such residential structures.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this Zoning Chapter.
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this Zoning Chapter.
WAREHOUSE
A use engaged principally in the long-term indoor storage of materials and/or manufactured products, supplies and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazardous conditions. Nothing herein shall be construed to permit retail sale of merchandise to the general public or by membership.
WORKSHOP
(See also "custom work, shop for.") A business or commercial premises used for the making of clothing, millinery, shoes or other personal articles or for performance of a trade or repair work, which is not detrimental to adjoining properties by reason of the emission of smoke, noise, odor, dust, vibration or excessive light beyond the limits of its lot.
YARD
An unoccupied space open to the sky on the same lot with a building or structure (either existing or proposed).
YARD, FRONT
An open unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the nearest roofed portion of a building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into the required front yard.
YARD, REAR
An open unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the nearest roofed portion of a building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building.
YARD, REQUIRED
That portion of a lot which is the minimum required depth in from the side, rear or front lot line for the full length of such yard, which dimension is listed in the Schedule of District Regulations.[2]
YARD, SIDE
An open unoccupied space on the same lot with a main building, situated between the side line of the nearest roofed portion of a building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
ZBA
The Zoning Board of Appeals of the Town of Monroe.
[1]
Editor’s Note: Said schedule is included as an attachment to this chapter.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.