Village of Monroe, NY Supplementary Regulations

In determining whether civil and/or criminal prosecutions should be brought for the enforcement of these provisions with respect to the illegal use of any building for residential purposes or the illegal residential occupancy of any dwelling by more families than the number of families permitted for such dwelling under this Code, or has been developed with more dwelling units than permitted for the zoning district within which the building is located, or that are not being inhabited by a family as defined herein, the following rebuttable presumptions shall apply:

That any one-family dwelling which maintains any one of the following; more than one mailbox or mail receptacle, or more than one house number, or more than one gas meter, or more than one electric meter, or more than one water meter, or more than one cable/fiber optic/phone connection, or more than one satellite antenna, or any combination thereof, is being used as the residence of two or more families.

That any two-family dwelling which maintains any one of the following; more than two mailboxes or mail receptacles, or more than two house numbers, or more than two gas meters, or more than two electric meters, or more than two water meters, or more than two cable/fiber optic/phone connections, or more than two satellite antennae, is being used as the residence of three or more families.

That any multifamily residential dwelling which maintains any one of the following; more than three mailboxes or mail receptacles, or more than three house numbers, or more than three gas meters, or more than three electric meters, or more than three water meters, or more than three cable/fiber optic/phone connections, or more than three satellite antennae, is being used as the residence of four or more families.

That any dwelling which exhibits a number of exterior or interior additional entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department, or that otherwise indicates the dwelling is being used by more families or includes more dwelling units in the dwelling than permitted in the applicable zoning district within which the dwelling is located. This includes multiple exterior or interior doors with locks to create separate dwellings or sleeping areas. Locks includes padlocks, latches, keyed doors, electronic or keyless door entries, and other such similar security methods and devices of separation.

That any dwelling which has been advertised in any newspapers, magazines, advertising publications or through Internet advertising, as being available for sale or rent for residential purposes, in whole or in part, which advertisement expressly or implicitly provides that such building and the number of dwelling units or rooms for rent therein, exceed the number of dwelling units or number of families permitted to occupy a dwelling in the applicable zoning district within which the dwelling is located.

(f)

That the dwelling exhibits excessive parking of vehicles, including commercial vehicles illegally occupying a property in contravention of the Village Code, multiple parking areas on the lot including within yards not permitted by the zoning chapter, vehicles with multiple registrations of ownership, including vehicles not registered to the address in which the occupant resides, occupying the same lot.

(g)

That the dwelling has multiple trash receptacles beyond that required typically for a legal residential occupancy for the dwelling permitted in the applicable zoning district within which the dwelling is located.

(h)

That the dwelling may contain occupants each with separate and multiple accounts for utilities, telephone, cable, and other media services, and a multiplicity of utility, cable, fiber optic, phone lines, antenna, and similar utility infrastructure entering the building.

(i)

That the dwelling is presumed to serve more families than allowed in the applicable district where the following is demonstrated:

Permanent partitions or internal doors which serve to bar access between segregated portions of a dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; and/or

The presence of illegal bedrooms or conversions; and/or

[3]

Lack of smoke detectors as required by Fire Code; and/or

[4]

Number or signs displayed on bedroom doors; and/or

[5]

Three or more kitchens each containing one or more of the following: a range, oven, microwave, or other similar device customarily used for cooking or preparation of foods such as hot plates and other cooking devices; and/or

[6]

Signs detailing "house" rules on walls or elsewhere.

(j)

That occupants are inhabiting areas of a building not deemed to be habitable by the NYS Building and Fire Codes such as a cellar, attic or similar space not deemed habitable or exceeding the maximum occupancy permitted by the NYS Building and Fire Codes.

Demand for inspection of premises.

A person charged with a violation of this § 200-33B as described herein may demand an inspection of the subject dwelling by the Building Department to rebut such presumption. Such demand shall be in writing, addressed to the Village Code Enforcement Officer or Village Building Inspector (the "Building Department Official"). Code enforcement personnel shall prepare a report of the findings of the inspection, together with photographs, if appropriate.

Where a violation for illegal residential occupancy is issued to the property owner by the Village Building Department Official, said Village official may request consent to inspect the inside of the dwelling unit to determine whether the presumption of illegal occupation is correct or rebutted. Where such access is denied, the Village Attorney or Village Prosecutor shall, upon due notice to the owner, apply to the Village of Monroe Justice Court to obtain an administrative search warrant presenting such documented evidence as necessary to support the issuance of a warrant.

Penalties for offenses.

Civil penalty. Notwithstanding any provision of this Code inconsistent herewith, for each code violation involving an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, the owner and any person who is in charge of the subject building, dwelling, or dwelling unit at the time of the violation shall be liable to a fine of not less than $1,000 nor more than $3,500 for the first violation; for a second and any subsequent violation, the fine shall be not less than $5,000 nor more than $7,500.

Criminal penalty. Any person who shall violate any of the provisions of this chapter, in addition to the civil penalties contained herein, shall, upon conviction, be guilty of a misdemeanor subject to a fine not exceeding $1,000 and up to 15 days in prison.

Each day that a violation continues to exist shall constitute a separate and distinct violation for the purpose of civil and criminal penalties.

Legal accessory apartment. Nothing herein is intended to classify an accessory apartment as an illegal residential occupancy where the accessory complies with all regulations set forth in § 200-49 of this Zoning Chapter and any conditions of a special use permit approved by the Planning Board in accordance with § 200-49. Any accessory apartment which has not received a special use permit shall be deemed an illegal residential occupancy.

§ 200-34 Supplementary regulations applying to nonresidential districts.

The following provisions shall apply to any nonresidential uses located in a residential zoning district and shall be in addition to any conditions specifically imposed on the use, or generally imposed by other provisions of this chapter. Where the following conditions conflict with any other standard of this code, the more restrictive provision shall govern. These regulations shall apply to the SR-20, SR-10, UR-W and UR-M zoning districts.

[Added 12-5-2023 by L.L. No. 23-2023[1]]

Except as otherwise permitted in Article XII (Special Use Permit Procedures and Regulations) for a particular use, no parking or loading shall be permitted between a principal use and any street line on which the property fronts.

Parking demand beyond that provided on-site has significant potential to impact residential neighborhoods by resulting in on-street parking that may impact the capacity of residential streets to support safe pedestrian and cyclist use. Where the Planning Board anticipates that the actual parking demand will exceed that required by code regularly or occasionally based on special events or functions, the Planning Board shall require adequate on-site parking in excess of the code required number or require such other plans and interventions that are unobtrusive to the character of the residential neighborhood and avoid significant use of residential streets for parking accessory to the proposed use. Observance of regular on-street parking in the vicinity of an approved nonresidential use shall be deemed rebuttable presumptive evidence of noncompliance with this requirement.

Parking area landscaping. Where a parking area is proposed containing 14 or more spaces, one shade tree designed to reach a mature height of at least 20 feet shall be planted for every 14 parking spaces.

Any use anticipated to generate more than 100 vehicle trip ends in any design hour based on ITE generation rates must have its principal site access on a state or county highway.

(5)

Lighting. Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to be compatible with surrounding residences. A lighting plan shall be provided demonstrating that the following standards are met:

Light sources (bulbs, LED arrays) shall not be directly visible from a public right-of-way or neighboring residential lot.

All outdoor lighting shall allow no emission of light above horizontal and limited to no more than 10% of lamp lumens at or above 80°.

LED lighting shall have a color of 3,000 Kelvin or less.

The maximum footcandles shall not exceed 0.2 footcandles measured along any property line adjoining a vacant or residential lot.

No single fixture shall emit more than 3,000 lumens.

(6)

The Planning Board shall require adequate screening in the required rear and side yards, to protect the character and compatibility of adjacent residences. Screening shall be a minimum of six feet in height and may consist of a wall, fence and/or plantings as approved by the Planning Board.

(7)

No nonresidential use shall be conducted between the hours of 10:00 p.m. and 6:00 a.m., subject to the following clarifications:

In the case of residential gathering places, no regularly scheduled assembly shall be held between the hours of 10:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly scheduled" shall mean occurring in greater frequency than three times per calendar year.

In the case of beds and breakfast, there shall be quiet hours instituted between 10:00 p.m. and 6:00 a.m. when no guests may occupy outdoor areas, nor any commercial outdoor activity including but not limited to deliveries, cleaning and maintenance.

These restrictions shall not apply to emergency situations, including emergency response by ambulance services or fire protection services, but shall apply to nonemergency operations or activities of ambulance or fire protection services.

(8)

The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, outdoor lighting, landscaping and/or fencing to screen the nonresidential use from adjacent residential properties, and other conditions as, in the judgment of the Board, are necessary for the nonresidential use to be able to operate in a manner that is consistent with public safety and neighborhood character.

(9)

There shall be no outdoor use or assembly, except that which is similar in scale and nature to outdoor use customary to a residential one-family dwelling, such as peaceful enjoyment or recreation by occupants, except as specifically authorized in Article XII (Special Use Permit Procedures and Regulations) for a particular use.

(10)

Except as otherwise permitted in Article XII (Special Use Permit Procedures and Regulations) for a particular use, there shall be no catered events or renting of facilities for parties or events.

(11)

Nonresidential uses shall be subject to Architectural Review Board in accordance with § 200-73 of this chapter. The appearance of all structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located. This requirement shall apply to a residential gathering place where a modification to the house requiring a building permit or an addition is proposed in order to accommodate the residential gathering place.

Editor's Note: This local law provided for the redesignating of former Subsections A through G as Subsections C through I, respectively.

Special use permits in residential zoning districts. Approval of a special use permit located in the SR-10, SR-20, UR-W and UR-M zoning districts shall remain in effect for two years from the issuance of a certificate of occupancy or certificate of compliance and shall thereafter expire unless the following renewal procedure is followed:

[Added 12-5-2023 by L.L. No. 23-2023]

No more than 30 days prior to the expiration of the special permit, the permittee shall submit an application for a certificate of compliance from the Building Inspector, who shall inspect the special permit use within 14 days to ensure compliance with the conditions of the special permit. If all of the conditions of the special permit have been met, the certificate of compliance shall be issued by the Building Inspector and the Building Inspector shall then extend the term of the special permit for five years. After the first renewal, subsequent renewals shall be required every five years under the same procedure as the initial renewal.

In the event the Building Inspector denies the certificate of compliance, the applicant may submit an application for renewal of the special permit to the Planning Board pursuant to the procedures and standards of this article governing a new special permit within 60 days of the notice of denial. The original special permit shall expire at the time that the Planning Board renders its decision on the application for special permit renewal. In the event the Planning Board approves the application for special permit renewal, the renewed special permit will be considered as a new special permit and will be subject to an initial two-year term. In the event the application for special permit renewal is denied, the original special permit shall expire.

Access. Whenever feasible, access to nonresidential lots having frontage on more than one street shall be from a nonresidential street.

Fire lanes. All nonresidential uses shall provide for a fire lane to allow for access by emergency vehicles at all times. Such plans shall be approved by the Fire Chief. If such is not feasible, the site plan shall nonetheless be presented to the Fire Chief for review, with written materials explaining why such a fire lane cannot, in the opinion of the applicant, be provided. All existing nonresidential uses without approved fire lanes must submit such plans for approval to the Planning Board and to the Fire Chief within one year of the date of adoption of this chapter.

Hazardous materials.

Any industry regulated by the federal Superfund Agency Reorganization Act (SARA) shall supply to the Village Board of Trustees and to the Fire Chief:

The MSDS sheets for the regulated substances utilized;

The approximate amounts of each regulated substance maintained in inventory;

The types of containers used in the storage of regulated substances; and

The layout of the building showing where the regulated substances are stored.

Any change in the information submitted in conformance with the above requirements shall necessitate a new submittal of information regarding the nature and extent of that which has been changed.

Screening. Screening regulations for nonresidential uses adjacent to lots in any residence district.

[Amended 6-13-2017 by L.L. No. 5-2017]

Abutting. Wherever a nonresidential use abuts the side or rear lot lines of a lot in any residence district, said nonresidential lot shall be screened from such adjoining lot, subject to approval by the Planning Board. Generally such screening shall be a living screen composed of a double row of evergreens staggered eight feet on center with six feet distance between rows, initially six feet in height, but capable of reaching 10 feet in height within three years.

Across the street. Whenever a nonresidential use is located across the street from any land in a residence district, it shall be screened subject to approval by the Planning Board. Such screening shall be located along a line drawn parallel to the street and a distance of five feet therefrom. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening, with an area of not more than three square feet each, shall be permitted.

Outdoor display of merchandise.

[Amended 5-16-2000 by L.L. No. 3-2000; 5-1-2012 by L.L. No. 2-2012]

No outdoor display of merchandise shall be allowed accessory to any retail establishment, other than a horticultural establishment, except as permitted by Ch. 163, Sidewalk Sales.

No seasonal sales may be allowed on open lots or from parked vehicles of merchandise including, but not limited to, ready-to-eat food, furniture, flowers and art work.

Seasonal sales of Christmas trees and greens for a limited duration in any nonresidential district are permitted after application for an event permit has been submitted and approved by the Village of Monroe Board of Trustees.

Dumpsters and dumpster enclosures.

[Added 12-21-2010 by L.L. No. 3-2010]

Intent. The intent of this section is to establish rules for the enclosed dumpster areas in order to:

Prevent accumulations of garbage and rubbish from spreading throughout the Village and endangering the health and welfare of citizens.

Enhance the aesthetic appearance of the community.

Screening requirements for existing dumpsters. This subsection is intended to regulate dumpsters placed within the Village on or before the effective date of this subsection.

Property owners with existing dumpsters on their property as of the effective date of this subsection shall cause the following improvements to be made within two years of the effective date of this subsection:

Installation of any screening needed to prevent the dumpster from being seen from:

[a]

A village, county or state roadway or other right-of-way; or

[Amended 6-13-2017 by L.L. No. 5-2017]

[b]

A residence (regardless of zoning).

Screening may be accomplished by:

[a]

Full dumpster enclosure (see detail as contained in Exhibit A);[2]

Editor's Note: Said exhibit is included as an attachment to this chapter.

[b]

Partial dumpster enclosure (containing 1, 2 or 3 sides);

[c]

Six-foot opaque fence located between the dumpster and the viewer's location;

[d]

Year-round landscaping (coniferous/evergreen); or

[e]

Any combination of the above.

[3]

Property owners must keep full enclosures and partial enclosures in good repair and in a safe and structurally sound condition. Property owners must maintain the effectiveness of vegetation screens by properly caring for and replacing, as necessary, the plantings that serve as screening devices.

[4]

The property owner shall be responsible for the cleanup of the interior of each enclosure and partial enclosure. Enclosure areas and partial enclosure areas shall be kept free from litter and other solid waste, except for that which is placed in dumpsters. Enclosure areas and partial enclosure areas shall be maintained to prevent odors and rodent and insect infestation. Garbage and other solid waste shall not accumulate in any manner that creates a visual or public health or safety nuisance.

Screening requirements for new dumpsters. All dumpsters placed within the Village on or after to the effective date of this subsection shall meet the following requirements:

[Amended 6-13-2017 by L.L. No. 5-2017]

All properties that utilize a dumpster shall also provide an enclosed dumpster area.

All dumpster enclosures shall be located behind the front of the building line or behind the front corner of the primary structure, whichever is the greater distance from the property line. If the topography or other conditions will not allow the dumpster enclosure to meet this requirement, the Building Inspector or Planning Board shall designate an appropriate location.

Dumpsters shall be surrounded by an opaque enclosure that is compatible with the design and color of the principal building. Chain link fences shall not be permitted as an enclosure.

Dumpster enclosures shall have a minimum height of six feet. If the dumpster is taller than four feet, the enclosure shall be two feet taller in height than the dumpster.

All dumpster enclosures shall be placed on a concrete pad with a concrete apron.

(f)

Dumpster enclosures shall not be located on any required parking spaces.

(g)

Dumpster enclosures shall not be located any closer than five feet to a lot line.

(h)

Dumpster enclosures shall not be located within any required buffers, setbacks, or easements.

(i)

All dumpsters must have tightly fitting covers that are kept closed at all times except when the dumpster is in the process of being filled or emptied. Garbage, recyclable materials, and other solid waste must be completely contained within the dumpster and shall not accumulate so that the dumpster cover cannot be firmly closed.

(j)

All dumpsters shall be emptied and disinfected regularly. "Regularly" shall, for the purpose of this section, be interpreted to mean as often as necessary to prevent the accumulation of garbage from exceeding the capacity of the dumpster or as often as necessary to prevent the existence of a health hazard. The Superintendent of the Department of Public Works shall have the power to direct the disinfecting, cleaning or emptying of any dumpster which he finds to be a hazard to the public health.

(k)

§ 200-35 Stated policy relative to the Central Business District.

Policy. Relative to the Central Business District, it is the stated policy of the Village of Monroe:

To achieve a dynamic mix of higher-density uses that will generate a high level of mutually beneficial interrelationships between the business community and their clients/customers, and within the business community itself.

To provide an ample supply of decent housing for those who would most benefit from being able to walk to places of employment and to places providing goods and services, thus enriching the vitality of the area through a strong resident population.

To achieve a reasonable pedestrian scale (with circulation assisted by sidewalks, malls, bridges, elevated walkways, mini-parks, etc.) that encourages walking between two or more places of business and that encourages lingering and relaxing out-of-doors as weather permits.

To provide an adequate supply of short- and long-term municipal and private parking to serve customers, merchants, employees, residents, tourists and commuters.

(5)

To generate a sufficient tax base that will support a high level of public services and amenities.

Effectuation. In order to effectuate this policy, the Planning Board, in performing site plan reviews and in issuing special use permits, shall be guided by the following considerations:

[Amended 3-22-2000 by L.L. No. 2-2000; 6-13-2017 by L.L. No. 5-2017]

Multistory, multi-use structures. The scale of operation of the Central Business District requires an optimum, high-density of usage for each and every property located therein. In order to support the higher costs of traffic control and parking facilities, pedestrian circulation, street furniture and lighting and police and fire protection, multistoried and, wherever appropriate, multi-use structures should be encouraged, but not required.

Accessory residential uses. In addition to owner/caretaker occupied residences accessory to principal uses, this chapter encourages residential apartments on the second floor and above in multistoried multi-use structures. To achieve this intention, the Planning Board shall:

Discourage any single-storied structures.

Permit no dwelling unit on the first (or ground) floor.

Require off-street parking to be provided at the standard of one parking space per dwelling unit.

Require usable open space (exterior) if possible.

Require the provision of an enclosed refuse collection area.

(f)

Prohibit external clothes drying.

(g)

Require the provision of safety protection devices (perforated Plexiglas or childproof ornamental bars) for all windows capable of being opened above the first floor.

(h)

Require a design that assures that all deliveries will be made to the rear of the building, where possible.

Parking.

The developers of all new or enlarged structures not providing the requisite number of on-site parking spaces set by this chapter shall pay to the Village a one-time fee based on the number of parking spaces required for the use(s) proposed or as determined by the Planning Board if such a standard is lacking. Such fee shall be equal to the cost of installation of new parking, including the cost of:

Meter.

Post.

Paint.

Labor.

Landscaping.

The amount of this fee appears in the Fee Schedule of the Village of Monroe.[1]

Editor's Note: The fee schedule is on file in the Village offices.

Loading facilities. The standards of Article XI of this chapter shall prevail relative to deliveries to and shipping from all new or enlarged structures in the Central Business District. In order to avoid, to the greatest extent possible, the use of Village streets and sidewalks for these purposes, the Planning Board shall assist the applicant in exploring all possible alternatives, including joint ventures among two or more property owners in the provision of alleys via which loading facilities would obtain access.

§ 200-36 Supplementary regulations applying to all districts.

Self-service structures and booths.

Outside vending machines, self-service or coin-operated telephone booths or any other similar structure, apparatus or device shall not be permitted in any zoning district except by special permission and at the discretion of the Village Board of Trustees, and subject to such conditions, restrictions and safeguards as may be deemed necessary by said Village Board of Trustees.[1]

Editor's Note: Original Subsection A(2), regarding self-service structures and booths in existence without permission, which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017.

Temporary business movable structures.

No temporary, movable or portable structures used in connection with any gainful occupation or business, whether such structures are for sale, storage or display purposes, shall be permitted in any zoning district, except by special permission and at the discretion of the Planning Board and subject to such conditions, restrictions and safeguards as may be deemed necessary by said Planning Board.[2]

Editor's Note: Original Subsection B(2), regarding temporary movable structures in existence without permission, which immediately followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017.

Exterior lighting.

No spotlight, floodlights, ground lights, roof lights, pole lights, wall lights or any other lights for exterior illumination for business or industrial areas shall be used unless reflectors shall be provided with proper glass lenses concentrating the illumination upon the business area so as to prevent direct glare upon the street adjacent property.