For the purposes of this chapter, the following words and terms
are used as indicated:
A.Â
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.Â
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
C.Â
The word "shall" is mandatory and not directory; the word "may" is
permissive.
D.Â
The word "lot" includes the word "plot."
E.Â
The word "structure" includes the word "building."
F.Â
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:
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.
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.
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.
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.
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.
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.
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.
The act of changing, modifying or making different.
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.
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).
A motor vehicle dealership or establishment that sells new
or used passenger automobiles at retail, employing salespeople to
sell the vehicles.
A building or lot or part thereof devoted primarily to fuel
dispensing, repairs, servicing, washing or reconditioning of motor
vehicles.
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.
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.
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.
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.
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.
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.
A structure constructed or erected on the ground, with a
roof supported by columns or walls.
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.
 |
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.
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.
A building in which is conducted the principal use of the
lot on which said building is situated.
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.
Any structure or building located on a bus route that provides
shelter to passengers waiting to embark on the bus.
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.
A building or area of land designed exclusively for the cleaning
of motor vehicles whether by machinery line or with hand-operated
cleaning devices.
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.
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.
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.
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.
The maximum horizontal dimension at right angles to the width.
The greatest vertical distance measured from the lowest level
of such court up to the roof of the building.
A court which is not an outer court.
A court extending to a street, front yard or rear yard.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other in separate
dwelling units.
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.
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.
A single-family dwelling on an individual lot.
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.
A dwelling for two families on an individual lot.
[Added 4-17-2023 by L.L. No. 5-2023]
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.
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.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
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;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter's registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
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.
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.
A building or part thereof used for the storage or parking
of one or more motor vehicles.
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.
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.
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.
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.
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.
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.
Any building which meets the criteria set forth in § 57-32 of this Zoning Chapter.
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.
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.
A commercial building or portion thereof, containing hotel
guest units, which rooms have sole access from interior public hallways.
Conference space, restaurants, bars, lounges, gift shops, sundries
shop, business centers, fitness centers and recreational amenities
are allowed accessory to a hotel.
[Amended 7-11-2022 by L.L. No. 5-2022]
Any habitable room or demised group of rooms within a hotel
design to be rented as a single unit and accessed by a single key
and used as a separate transient overnight accommodation.
[Added 7-11-2022 by L.L.
No. 5-2022]
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.
A commercial use operated in a building that contains a firing
range with targets for rifle or handgun practice.
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.
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.
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.
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.
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.)
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.
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.
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.
The total gross area included within lot lines.
The total area included within lot lines after deducting any area identified as an environmental constraint set forth in § 57-21.1.
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.
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.
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.
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.
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°.
A lot other than a corner lot.
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.
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.
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.
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."
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.
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.
A public park, playground, or recreation area, whether available
for active or passive recreation, available to Town of Monroe residents.
The erection or installation of any new building or structure
that requires a building permit.
A facility involved in the production of books, newspapers,
or other printed material.
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.)
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.
To personally or through an agent, referral service, representative
or other entity or person communicate or advertise, verbally, in writing,
or through electronic means or otherwise, the availability for rental
or similar use of any dwelling or rooming unit, or to knowingly allow,
commission, authorize, or permit such communication or advertisement.
[Added 2-7-2022 by L.L. No. 1-2022]
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.
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.
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.
A stall or berth which is arranged and intended for parking
of one motor vehicle.
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.
Any person, firm, partnership, corporation, limited liability
company, association or legal representative, acting individually
or jointly.
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.
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.
The Planning Board of the Town of Monroe, New York.
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.
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.
Any organization duly authorized to furnish to the public,
under public regulation, electricity, gas, water, sewage treatment,
television, or cable services.
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.
An agreement, written or oral, granting use or possession
of a dwelling, in whole or part, to a person or group in exchange
for monetary compensation or other valuable consideration.
[Added 2-7-2022 by L.L. No. 1-2022]
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.
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.
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.
A commercial use involving the sale of goods directly to
the public in relatively small quantities for use or consumption rather
than for resale.
A sewerage system, including sewers and a disposal plant,
of design approved by the New York State Department of Health.
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.
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.
The practice of removing selective trees of any DBH to discourage
the reestablishment of naturally occurring native hardwood forests.
A facility containing a structure or structures containing
separate, individually leasable or rentable storage spaces of varying
sizes.
The New York State Environmental Quality Review Act, and
its implementing regulations set forth in 6 NYCRR Part 617.
A dwelling or portion thereof, including accessory outdoor
areas, yards or structures, that is rented for transient occupancy
in whole or in part. "Short-term rental" shall also include the selling
of shares, time-share ownership or the establishing of other ownership,
tenancy or use arrangement in which a person obtains a right of occupancy
in all or any portion of a dwelling, outdoor areas or accessory yards
or accessory structures on a transient basis. The term "short-term
rental" shall not include:
[Added 2-7-2022 by L.L. No. 1-2022]
A person or group that occupies or intends to occupy a short-term
rental on a transient basis as a single household sharing living,
cooking and housekeeping responsibilities during their term of occupancy.
[Added 2-7-2022 by L.L. No. 1-2022]
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.
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.
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.
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.
A sign which directs attention to a business or profession
conducted upon the property.
A use for which the Planning Board may authorize a permit pursuant to the provisions of Article V.
For purposes of this Zoning Chapter, a steep slope is any
slope that equals or exceeds 30%.
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 story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A right-of-way for vehicular traffic including road, highway,
avenue, street, parkway, lane or other way, whether public or private.
The right-of-way line of a street.
Anything constructed or erected on or under the ground or
upon another structure or building.
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.
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.
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.
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.
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.
The Town Board of the Town of Monroe.
The Town Clerk of the Town of Monroe.
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.
Occupancy by any individual or family for 29 or fewer consecutive
nights or 29 or fewer nights in any calendar year.
[Added 2-7-2022 by L.L. No. 1-2022]
A living woody perennial plant, typically having a single
stem or trunk, bark, branches, canopy and critical root zone.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A use allowed by right.
The primary or predominant use for which a building or lot
is used.
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.
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.
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.
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.
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.
(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.
An unoccupied space open to the sky on the same lot with
a building or structure (either existing or proposed).
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.
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.
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]
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.
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.
