[Amended 8-18-2009 by L.L. No. 3-2009; 6-13-2017 by L.L. No. 5-2017]
All uses listed in the Table of District Uses
and Bulk Requirements[1] or elsewhere in this chapter as subject to additional
standards are declared to possess characteristics of such unique and
distinct form that each specific use shall be considered as an individual
case, and they shall conform but not be limited to the following general
requirements as well as the pertinent specific requirements.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
Upon issuance of a special permit, the special
uses for which conformance to additional standards is required by
this chapter shall be deemed to be permitted uses in their respective
districts, subject to the satisfaction of the requirements and standards
set forth herein in addition to all other requirements as set forth
in this chapter.
[Added 6-13-2017 by L.L.
No. 5-2017]
The Planning Board may approve the special use
permit application, provided that it finds that all of the following
conditions and standards have been met:
A.
The location and size of the use, the nature and intensity
of the operations and traffic involved in or conducted in connection
with it, the size of the site in relation to it and the location of
the site with respect to streets giving access to it are such that
it will be in harmony with the appropriate and orderly development
of the district in which it is located.
B.
The location, nature and height of buildings, walls
and fences and the nature and extent of the landscaping on the site
are such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
C.
Operations in connection with any special use will
not be more objectionable to nearby properties by reason of noise,
fumes, vibration or other characteristics than would be the operations
of any permitted use not requiring a special use permit.
D.
Parking areas will be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum safety.
E.
Existing municipal facilities are adequate for the
proposed use, or plans for the immediate or reasonably near-term expansion
of such facilities are adequate to provide for such use.
F.
The property will be suitably landscaped to protect
the neighborhood and adjacent property.
[Added 6-13-2017 by L.L.
No. 5-2017]
The Planning Board shall attach such conditions and safeguards
to the special use permit as are necessary to assure continual conformance
to all applicable standards and requirements, and the Planning Board
may attach such other conditions and safeguards as it believes to
be required or considers appropriate. When the circumstances warrant,
the Planning Board may issue temporary permits for a period not to
exceed five years, subject to adequate guaranties that such use shall
be terminated at the end of the term specified or such extension thereof
as may be granted by the Planning Board.
[Added 6-13-2017 by L.L.
No. 5-2017]
A.
Term
of permit; extensions.
(1)
A special use permit shall be deemed to authorize only the particular
use or uses specified in the permit and, unless other provisions are
set forth by the Planning Board in connection with its issuance of
that permit. A special use permit shall expire if work is not initiated
pursuant thereto within one year of issuance.
(2)
The Planning Board may, upon a finding that the applicant is proceeding
with the project with due diligence and has offered a reasonable explanation
of its inability to commence and/or complete the project, grant one
or more six-month extensions of the special use permit approval subject
to such conditions as the Planning Board determines are appropriate.
The granting of extensions under this section shall not require a
public hearing, but may require updates of any material previously
submitted. Prior to the grant of any extensions pursuant to this section,
the applicant shall deposit with the Village such additional escrow
monies for professional consultation services as may be deemed necessary
by the Planning Board.
B.
Any
special use permit issued hereunder shall be to the applicant and
shall be terminated upon the sale, expiration of a leasehold interest
of the applicant, a change to a permitted use that does not require
a special permit, or abandonment of the site, unless otherwise authorized
by the Planning Board. If there is noncompliance with the conditions
of the resolution of special use permit, the certificate of occupancy
shall be revoked.
[Amended 6-13-2017 by L.L. No. 4-2017]
It is the specific purpose and intent to allow one accessory
apartment within single-family detached residential structures or
in an accessory structure such as a garage or other detached building
on a lot containing a single-family residence in order to provide
the opportunity and encouragement for the development of small, rental
housing units designed, in particular, to meet the special housing
needs of single persons and couples. It is the further purpose and
intent of this provision to allow the more efficient use of the Village's
existing housing stock, to provide economic support for existing resident
families of limited income, and to preserve and protect property values.
An accessory apartment shall be permitted in SR-10 and SR-20 Zoning
Districts only. The following specific standards are set forth for
such accessory uses:
A.
The lot must meet the requirements of its zoning district
for a single-family dwelling, or if the lot is a preexisting nonconforming
lot, the accessory apartment shall not increase the nonconformity
of the lot.
B.
There shall be no more than one accessory apartment
per existing single-family detached dwelling on a lot.
D.
Proof that adequate water supply and sewage disposal
facilities are available.
E.
The accessory apartment, whether in the main dwelling
or in an accessory structure, shall contain at least 600 square feet
and not over 1000 square feet of habitable floor area, and as such
shall not exceed the size of the primary residence. If the accessory
apartment is proposed within the main dwelling, the primary residence
shall be no less than 1000 square feet of habitable space. There shall
be no more than one bedroom per accessory apartment. The design of
the apartment will conform to all applicable standards in the health,
building and other codes.
F.
The owner
of the property shall reside on the premises (either in the main portion
of the house or in the accessory apartment).
G.
Each dwelling unit in the structure shall contain
its own separate and private bathroom and kitchen wholly within each
dwelling unit. The structure in which the accessory apartment is located
shall have only one front entrance and only one entrance from any
other façade of the structure. An entrance leading to a foyer
with entrances leading from the foyer to the two dwelling units will
be acceptable.
H.
The accessory apartment shall be designed so that
the appearance of the building remains that of a single-family detached
dwelling. Any new entrances shall be located on the side or in the
rear of the building, and any additions shall not increase the habitable
space of the original house by more than 800 square feet beyond its
size on the effective date of this section. Accessory apartments shall
be clearly incidental and subordinate to the principal structure and
shall not change the single-family residential character of the neighborhood.
I.
If the
accessory apartment is located above a garage, an air-to-air heat
exchanger and a carbon monoxide detector shall be installed to reduce
the risk of carbon monoxide poisoning. In the event the apartment
is proposed for an accessory structure, the apartment must be wholly
contained in the existing structure. Such structure shall have a dedicated
water line and sewer line that are separate from the primary residence.
J.
A detailed floor plan drawn to scale, showing proposed
changes to the building, shall be submitted along with the application
for special use authorization.
K.
Upon receiving special use authorization, the owner
must file a covenant at the County Clerk's office and with the local
assessor stating that the right to rent an accessory apartment ceases
upon transfer of title. A copy of said covenant shall be provided
to the Planning Board and Building Department. Upon a transfer of
title, the local assessor shall notify the Building Department, who
will then take the appropriate steps to ensure compliance with these
provisions.
L.
Purchasers
of homes that have special use authorization for accessory apartments
who want to continue renting those apartments must reapply for special
use authorization.
The purpose of this section is to provide the
opportunity for an affordable, attractive alternative to the conventional,
single-family detached dwelling.
A.
Site plan and subdivision review. The review and approval of townhouses or row houses shall be in accordance with the procedures of Article XV and/or subdivision review and approval for individual lots owned in fee simple.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Information required. In addition to the submission of a site plan, the applicant shall submit a written description indicating the staging and completion of the development, type of ownership, the number of residential dwelling units (calculated in accordance with the allowable density), the number of habitable rooms and bedrooms, the floor space per dwelling unit, the number of off-street parking spaces (in accordance with Article XI, Parking and Loading) and acreage to be devoted to open spaces, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all utility systems and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all units, recreation facilities, open space, roads, parking areas, walkways, utilities and other common lands and facilities will be assured.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
Method for determining allowable number. The maximum
permitted number of dwelling units shall be determined by multiplying
the total adjusted acreage by eight. In order to derive the adjusted
acreage, subtract from the gross acreage the total acreage of the
following restricted areas:
(1)
Lands presently utilized by public utilities
or structures, rights-of-way, easements and streets.
(2)
Water bodies, wetlands, marsh areas, streams,
floodplains, stormwater retention areas and alluvial and organic soils,
as defined herein as "environmentally sensitive areas."
(3)
Slopes equal to or greater than 20%.
D.
Public utilities. The site shall be served by Village
water and sewer systems.
E.
Land for recreational purposes or for permanent open space. The Planning Board shall require that as much as 22% of the total area of the site shall be composed of land which can be used for recreational purposes and/or is preserved as open space in order to preserve vistas or to preserve unique or noteworthy natural features. In consideration of the extent of lands identified as set forth in Subsection C(1), (2) and (3) above, the Planning Board may reduce that requirement to no less than 15% of the gross acreage.
G.
Design. The design shall provide for architecturally
harmonious groups of dwellings. Building variations, including fenestration,
exterior materials and coloration, offset roof lines, decorative walls
and elements, entrance features, setbacks, private outdoor living
spaces (integrated with interior living area) and energy conservation
shall be a part of the design process.
(1)
A maximum of six dwelling units shall be allowed
in each row of houses. When an end unit of a townhouse or row house
does not side on a street, an open space or court of at least 30 feet
in width shall be provided between it and the closest wall of the
adjacent row of houses. This open space may be divided between the
two immediately adjacent townhouse or row house lots as to property
or lot lines.
[Amended 6-13-2017 by L.L. No. 5-2017]
(2)
Where townhouses or row houses are designed
to face upon an open or common court rather than upon a street, this
open court shall be a minimum of 40 feet in width, and said court
shall not include vehicular drives or parking areas.
(3)
Townhouses or row houses shall be constructed
up to side lot lines without side yards, and no windows, doors or
other openings shall face a side lot line, except that the outside
wall of end units may contain such openings. Where a two-story unit
adjoins a single story unit, windows may be installed in the second
story of the two-story townhouse or row house.
(4)
Fences are not permitted in any front, rear
and side yards. Privacy screens integrated in color and material with
the exterior surfacing of the building may extend outward from the
building a maximum distance of 10 feet, partially enclosing an outdoor
living area. Together with the building wall, such privacy screens
may enclose only three of the four sides of the outdoor living area,
keeping the fourth side open to common open space. Restrictive covenants,
deed restrictions or any other form of restrictions acceptable to
the Village Attorney shall be used to set conditions relative to fences,
screens and outdoor living areas and the furnishings that may seasonally
occupy such spaces.
(5)
Garden and tool sheds and any other forms of
accessory structures are not permitted, except that detached group
garages, either enclosed or semienclosed, with or without integrated
enclosed storage areas, shall be allowed, and plans for such shall
be shown on the site plan. The Planning Board may set conditions as
to the location, type and design of such detached group garages and
may require restrictive covenants, deed restrictions or any other
form of restrictions acceptable to the Village Attorney for said uses.
(6)
An adequate means of storing refuse shall be
provided. Centralized storage areas, in large containers, screened
where necessary, may be used for developments where lots are not owned
individually.
H.
Undergrounding of utilities. All power and communication
lines shall be installed underground in the manner prescribed by regulations
of the governmental agency or utility having jurisdiction.
I.
Stormwater collection and control systems.
(1)
No proposed development shall be approved if
the anticipated peak stormwater runoff from the site after development
exceeds the peak runoff of the site in an unimproved condition.[2]
[2]
Editor's Note: Former Subsection I(2), regarding
criteria for design, was repealed 11-20-2007 by L.L. No. 6-2007.
J.
Signs. Signs are permitted in accordance with Article X, Signs.
[Amended 6-13-2017 by L.L. No. 5-2017]
K.
Conservation areas.
(1)
General. Conservation areas may include wetland
areas, floodplains, steep slopes or other open space areas having
meaningful scenic, ecological, environmental and/or recreational characteristics,
with such access, shape, size and location as determined appropriate
by the Planning Board to satisfy the intended purpose, but shall not
include parking areas or roads.
(2)
Continued preservation. The permanent preservation
of such open space areas shall be legally assured to the satisfaction
of the Planning Board and Village Attorney, by the filing of appropriate
covenants, deed restrictions, easements or other agreements, unless:
(a)
The Village Board of Trustees agrees in its
discretion to accept the dedication of all or any part of such areas;
or unless
(b)
All or part of such areas is to be transferred
to a conservation organization which is dedicated to the permanent
preservation of open spaces and is approved by the Village Board of
Trustees.
(3)
Ownership of conserved land areas. The ownership of conserved land areas shall be divided equally or proportionately among all owners of building lots or units within the development, except where all or an appropriate portion of the conserved land area is deeded to a recognized conservation organization dedicated to the preservation of open space and such dedication is acceptable to the conservation organization and the Planning Board or offered for dedication to the Village of Monroe and the Village Board of Trustees has voted to accept such offer. Except in those cases where the ownership of the conserved land areas is to be vested in the Village or an approved conservation organization, the developer shall execute and file with the Village Board of Trustees such documents as will be sufficient to create a home or property owners association responsible for the conserved land areas in accordance with the requirements of Subsection M below.
L.
Organization. A townhouse development shall be organized
as one of the following:
(1)
A homeowners' or property owners' association
approved by the Village Board of Trustees, upon recommendation of
the Village Attorney and the New York State Attorney General.
(2)
An organization akin to a condominium or a cooperative
approved by the New York State Attorney General and the Village Board
of Trustees.
(3)
A funded community trust approved by the Village
Board of Trustees, upon recommendation of the Village Attorney.
(4)
A special multipurpose taxing district approved
by the Village Board of Trustees, upon recommendation of the Village
Attorney.
M.
Homeowners' or property owners' association. Whenever
a homeowners' or property owners' association is proposed, the Village
Board of Trustees shall retain the right to review and approve the
articles of incorporation and charter of said association and to require
whatever conditions it deems necessary to ensure that the interest
and purpose of this chapter is carried out. In consideration of said
approval, the Village Board of Trustees shall, in part, require the
townhouse development to meet the following conditions:
(1)
The association shall be established as an incorporated,
not-for-profit organization operating under recorded land agreements
through which each lot owner (and any succeeding owner) is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities.
(2)
Title to all common property shall be placed
in the association or definite and acceptable assurance shall be given
that it automatically will be so placed when 50% of the units are
sold; said common property to be subject to a development easement
granted to the Village for the purpose of guaranteeing its perpetuity
as open space.
(3)
Each lot owner shall have equal voting rights
in the association and shall have the right to the use and enjoyment
of the common property.
(4)
Once established, all responsibility for operation
and maintenance of the common land and facilities shall lie with the
association.
(5)
Dedication of all common areas shall be recorded
directly on the subdivision plat or by reference on the plat to a
dedication in a separately recorded document. Resubdivision of such
areas is prohibited. The dedication shall:
(a)
Save the title to the common property to the
association free of any cloud of implied public dedication;
(b)
Commit the developer to convey the areas to
the association at an approved time;
(c)
Grant easements of enjoyment over the area to
dwelling unit/lot owners; and
(d)
Give to it the right to suspend membership rights
for nonpayments of assessments or infractions of published rules.
(6)
Covenants shall be established, limiting all dwelling units to single-family use and all common lands to open space uses. No structures may be erected on such common lands, except as approved by the Planning Board in accordance with the provisions of Article XV of this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
Each deed to each dwelling unit/lot sold shall
include by reference all recorded declarations, such as covenants,
dedications and other restrictions (including assessments and the
provision for liens for nonpayment of such).
(8)
The association shall be perpetual; purchase
insurance; pay taxes; specify in its charter and bylaws an annual
homeowners' fee; provide for assessments; and establish that all such
charges become a lien on each property in favor of said association.
The association shall have the right to proceed in accordance with
all necessary legal action for the foreclosure and enforcement of
liens, and it shall also have the right to commence action against
any member for the collection of any unpaid assessment in any court
of competent jurisdiction.
[Amended 6-13-2017 by L.L. No. 5-2017]
(9)
The developer shall assume all responsibilities
as previously outlined for the association until a majority of the
dwelling sites are sold, at which time the association shall be operated
by an elected Board of Directors whose members shall come from the
association.
(10)
As a condition of site plan approval, the developer
shall file with the Village Board of Trustees a performance bond (or
cash equivalent to the cost of completion) to ensure the proper installation
of all recreation and park improvements shown on the site plan, and
a maintenance bond for all common land until the association is established.
The amount and period of said bonds shall be determined by the Planning
Board, and their form, sufficiency, manner of execution and surety
shall be approved by the Village Board of Trustees upon recommendation
of the Village Attorney.
(11)
Adjustment of assessments. The association shall
have the power to adjust assessments to meet changing needs.
(12)
Recourse. In the event that the maintenance,
preservation and/or use of the conserved land area(s) ceases to be
in compliance with any of the above requirements or any other requirements
specified by the Planning Board when approving the subdivision plat,
the Village shall be granted the right to take all necessary action
to assure such compliance and to assess against the association and/or
each individual property owner within the development all costs incurred
by the Village for such purposes.
(13)
Permitted uses in conservation areas.
(a)
Except where otherwise approved by the Planning
Board, conserved land areas shall be preserved in their natural state,
and the use of such areas shall be limited to appropriate conservation,
open space, and recreation purposes as determined by the Planning
Board. A portion of the conserved land area(s) may be designated "active
recreation area" on the plat, in a location approved by the Planning
Board. Such active recreation area shall not exceed 10% of the total
area of the proposed plat.
(b)
Within such active recreation area, structures and facilities for active recreational purposes, including playground equipment, swimming pools, tennis courts, and so forth may be constructed and operated for the use of the property owners in the related development and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities; or the proposed establishment of such new structures and facilities not shown on the filed plat shall be subject to site plan approval procedures as set forth in Article XV of this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
The purpose of this section is to provide the
opportunity for the creation of multifamily units designed to serve
the present and future housing needs of those persons living and working
in the Village of Monroe, including both elderly and young households,
families of moderate income, small families and other households who
may need or desire, for whatever reason, to live in multifamily housing.
A.
Site plan review. The review and approval of multifamily residential shall be in accordance with the procedures of Article XV, Site Plan and Special Permit Review and Approval.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Information required. In addition to the submission of a site plan, the applicant shall submit a written description indicating the staging and completion of the development, type of ownership, the number of habitable rooms and bedrooms, the floor space per dwelling unit, the amount of nonresidential floor space, if any, the number of off-street parking spaces (in accordance with Article XI, Parking and Loading) and acreage to be devoted to open spaces, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all utility systems and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all buildings, recreation facilities, open space, parking areas, walkways, utilities and other common lands and facilities will be assured.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
Method for determining allowable number.
(1)
The maximum number of dwelling units shall be
determined on the basis of the number of bedrooms in each unit after
subtracting the following restricted areas from the gross area:
(a)
Lands presently utilized by public utilities
or structures, rights-of-way, easements and streets.
(b)
Water bodies, wetlands, marsh areas, streams,
floodplains, stormwater retention areas and alluvial and organic soils
(as determined by the Planning Board's authority).
(c)
Slopes equal to or greater than 20%.
(2)
After deducting the above listed restricted
land areas, the maximum number of dwelling units permitted shall be
derived from the Table of District Uses and Bulk Requirements.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
[2]
Editor's Note: Said tables are included as attachments to this chapter.
D.
Public utilities. The site shall be served by Village
water and sewer systems.
E.
Land for recreational purposes and for permanent open space. At least 15% of the total area of the site shall be composed of land which is used for recreational purposes and/or preserved as open space. In reviewing the development plan, the Planning Board may require that up to 30% of the gross acreage be composed of recreation and open space in order to preserve environmentally sensitive land, to preserve vistas or to create needed recreational facilities [after deducting the amounts set forth in Subsection C(1), (2) and (3) above].
G.
Design. The design shall assure aesthetics and privacy
by taking into consideration the scale of buildings, setbacks, rear
yards and semiprivate areas, such as patios. The Architectural Appearance
Review Board may require modifications of these elements in order
to ensure a pleasant environment.
[Amended 7-6-1999 by L.L. No. 3-1999]
H.
Energy efficiency and solar access. The development
of the site shall be designed and arranged in such a way as to promote
energy efficiency and assure solar access.
I.
Stormwater collection and control systems.
(1)
No proposed development shall be approved if
the anticipated peak stormwater runoff from the site after development
exceeds the peak runoff of the site in an unimproved condition.[3]
[3]
Editor's Note: Former Subsection I(2), regarding
criteria for design, was repealed 11-20-2007 by L.L. No. 6-2007.
J.
Undergrounding of utilities. All power and communication
lines shall be installed underground in the manner prescribed by regulations
of the governmental agency or utility company having jurisdiction.[4]
K.
Cooling systems. Cooling systems shall be designed
so as to minimize adverse aesthetic impact.
L.
Refuse. An adequate means of collecting and storing
refuse between collections shall be provided. Any outside storage
of garbage shall be in centralized large containers designed to prevent
rodent infestations and shall be screened where necessary.
M.
Signs. Signs are permitted in accordance with Article X, Signs.
[Amended 6-13-2017 by L.L. No. 5-2017]
N.
Conversion
of an existing dwelling. An existing dwelling may be converted to
two-family or multifamily use in districts where permitted, provided
that:[5]
[Added 6-13-2017 by L.L.
No. 4-2017]
(1)
Conversions of dwellings erected prior to the enactment of this chapter
to more intensive residential use shall be governed only by the requirements
as to lot area per dwelling, livable floor area and off-street parking.
(2)
The maximum number of multifamily dwelling units that may be permitted
in any conversion shall be as set forth in the Table of District Uses
and Bulk Requirements.[6]
[6]
Editor's Note: Said tables are included as attachments to this chapter.
(3)
The exterior of any dwelling to be converted to two-family or multifamily
use shall not be enlarged, extended or altered, except as required
for compliance with the New York State Multiple Dwelling Law. Any
dwelling to be converted to two-family or multifamily will retain
the appearance of a single-family dwelling, including but not limited
to having one front door.
(4)
Owners of residential structures that have been converted to multifamily
dwellings prior to the effective date of this chapter and without
a building permit shall have six months from the effective date of
this chapter to apply for and receive a certificate of occupancy or
else be subject to prosecution for violation of the Building Codes
and this chapter.
[5]
Editor's Note: L.L. No. 5-2017, adopted 6-13-2017, redesignated
former Subsection P as Subsection N.
O.
Senior citizen affordable housing - existing development.[7]
[Added 12-2-1997 by L.L. No. 2-1997]
(1)
It shall be the duty of the owner or his agent
to file a certification with the Building Inspector indicating compliance
with this subsection's requirements relating to the number of occupants
and the age of the occupants in each dwelling unit. Such certification
shall be filed no later than January 15 of each year. Failure to file
certification as required shall be deemed a violation of this subsection
subject to penalties set forth herein.
(2)
No dwelling unit shall contain more than one
bedroom.
(3)
The occupancy of senior citizen affordable housing
shall be limited to two persons who qualify as senior citizens under
present, future or amended definitions of the governmental agency
providing subsidiary or support to the project (Federal Department
of Housing and Urban Development, New York State Division of Housing
and Community Renewal or similar or successor agencies of the federal
or state government) or to the families, the head of which so qualifies.
The occupancy of a dwelling unit by a family, the head of which is
younger than a senior citizen, shall be permitted if it is established
that the presence of such person is essential for physical care of
an eligible occupant. In the absence of any definition, the minimum
age for eligibility shall be 60 years.
(4)
Within the senior citizen affordable housing,
certain related ancillary facilities may be permitted, either in a
separate building or in combination with dwelling units, such as cafeterias,
self-service laundries, lounges, game rooms or workshops, to the extent
that they meet the needs of the occupants of the development. Such
facilities shall be subordinate to the residential character of the
development and shall be located out of public view with no outside
advertising. Such facilities shall be approved by the Planning Board.
Approval of a conditional use and site development plan for dwelling
units in a senior citizen affordable housing development in no way
constitutes approval for installation of any type of related activity.[8]
[8]
Editor's Note: Former Subsection O(5) through (14), which
immediately followed this subsection, was repealed 6-13-2017 by L.L.
No. 5-2017. Said local law also renumbered former Subsection O(15)
as Subsection O(5).
[Added 12-7-2010 by L.L. No. 2-2010]
A.
Purpose. The Village Board, having circulated questionnaires, consulted
with other Boards of the Village and after discussions with Village
residents, has determined there is need for more numbers and varieties
of senior housing within the Village. In order to attract development
of such housing, the Village Board has elected to enact provisions
that will permit greater options in the number and type of senior
housing and will provide density incentives to encourage such development.
At the same time, the Board has included provisions that will guarantee
a full and detailed review of each senior housing proposal by the
Planning Board which must grant the final approval prior to construction.
B.
Existing law. The provisions of § 200-49.2 shall continue to apply to any existing senior housing multiple dwellings. Any new proposed senior housing shall only be pursuant to the terms of this section.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
Gross density. The Village Planning Board is authorized to modify those sections of this chapter relative to lot dimensions, building setbacks, lot coverage, livable floor area per dwelling unit, open space and density in the further subdivision or site plan development of properties when necessary to comply with the provisions in this section. Notwithstanding the foregoing, the Planning Board shall not be permitted to vary the specific requirements or general directions set forth in Subsection E(7) of this section.
(1)
Senior citizen detached single- or two-family dwelling units
may be allowed in any district at up to a maximum density level of
four buildings, either one- or two-family detached from other buildings,
per acre.
(2)
Senior citizen multiple-dwelling units may be permitted in any
district and may have up to the following density levels:
(a)
For one-bedroom units: 20 units per acre.
[Amended 6-13-2017 by L.L. No. 5-2017]
(b)
For two-bedroom units: 15 units per acre.
[Amended 6-13-2017 by L.L. No. 5-2017]
(c)
Units with more than two bedrooms or any combination of more
than two rooms which are not a living room, bathroom, dining room
or kitchen are not permitted.
(d)
The final density permitted for construction shall be established
by the Planning Board as part of the detailed review and approval
of the project. In no event shall the final density exceed the maximum
density established by the Village Board.
D.
Housing described in this section shall exist or be designed and
constructed for the needs of seniors and is subject to the management
or other legal restrictions that require all of the units to be occupied
by persons 55 years of age or older. Notwithstanding the foregoing,
adults under 55 years of age and children may reside in the units
where:
(1)
The adult is the spouse of a person 55 years of age or older;
or
(2)
The adult's presence is essential for the physical care of a
person 55 years of age or older; or
(3)
The children are residing with their parent, parents or legal
guardians where their parent, parents or legal guardians are 55 years
of age or older, and the minors residing therein are under a documented
physical or other disability and cannot care for themselves.
(4)
Children or grandchildren residing in the premises under the provisions of Subsection D(2) or (3) above shall have a ninety-day holdover period commencing upon the death of the person 55 years of age or older whose residency in the unit authorized the residency of such child, children or grandchild.
E.
Application procedure.
(1)
An applicant seeking authority to proceed with a senior citizen
housing proposal shall initially submit an application to the Planning
Board of the Village in such form as the Planning Board may from time
to time adopt. Such application shall at a minimum include a conceptual
site plan for the proposed project and a narrative outlining both
the proposed project and the applicant's criteria for its determination
of the need for its proposed project. The narrative and/or conceptual
site plan shall show proposed or existing walkways to nearby commercial
centers, services and transit stops, if any.
(2)
Prior to referral of the applicant to the Village Board, the
Planning Board may request such supplemental information that it deems
necessary to include in its transmittal to the Village Board.
(3)
Upon the Planning Board's receipt of all requested information
or upon notice from the applicant that it has elected to provide no
further information, the Planning Board shall forward the application
to the Village Board for its review. In its sole discretion the Planning
Board may recommend for or against approval of the applicant's request
or may simply forward the application without recommendation. The
transmittal of the application shall be deemed to be an administrative
act of the Planning Board and not an action of approval or disapproval.
(4)
The Village Board shall receive referrals from the Planning
Board at its regularly scheduled meetings and shall schedule an appearance
by the applicant within 45 days of receipt of such referral.
(5)
Within 45 days of the applicant's appearance before the Village
Board or such later time as the applicant and the Village Board shall
agree, the Village Board shall either return the application to the
Planning Board for review under such guidelines as the Village Board
deems advisable within the parameters set forth above or, failing
such referral, the application shall be deemed rejected.
(6)
Any application returned to the Planning Board with Village
Board authority to process the application as a senior citizen housing
proposal shall thereafter be processed by the Planning Board under
the same procedures as all other applications made to that Board.
Authority given by the Village Board to process the application shall
in no way be deemed to be an approval of the project but simply the
authority for the Planning Board to review the project with the ability
to modify the provisions of the Village Zoning Law as set forth in
this section and to make such modifications, if any, that the Planning
Board in its sole discretion deems appropriate. In its review, the
Planning Board shall consider the adequacy of recreation, open space,
a system of drives, service access roads and walks and adequate lighting;
all to the extent deemed reasonable for the site based upon size and
location.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
Requirements and general directions to be followed by the Planning
Board are as follows:
(a)
Any application shall consist of a parcel of land at least one
acre in size.
(b)
Any proposed structure to be constructed on a site bordering
existing single-family detached residential dwellings shall be located
at a minimum distance of twice the height of the proposed structure
from the nearest existing single-family detached residential dwelling
unless the project sponsor obtains the written consent of the owner
(in form required for recording) of such bordering residential property
for a lesser distance.
(c)
For projects proposed to be located in or immediately adjacent
to residential zones, the Planning Board shall encourage a front yard
setback that is consistent with the streetscape of existing residences
fronting on the same street as the proposed project.
(d)
When determining off-street parking, pedestrian walkways to
commercial centers and public transportation stops may be considered.
(e)
When determining interior roadways and parking, adequate unloading/pick-up
areas may be required if driveways to or between units are not provided.
(f)
No approval shall be granted under this section without a public hearing. Notification procedures for public hearings shall be in accordance with § 200-72E(4)(b). Notification for public hearings within this section shall be to the owners of all properties abutting that property held by the applicant and all other owners within 500 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application as the names of said owners appear on the last completed tax assessment roll of the Village. In the case of a condominium project located within 500 feet of the property, a single notice with proof of receipt may be given to the board of managers of said condominium. Proof of the giving of the required notice shall be required before the public hearing may be opened.
[Amended 5-1-2012 by L.L. No. 2-2012; 6-13-2017 by L.L. No. 5-2017]
F.
Assurances for senior citizen housing projects.
(1)
Legal assurances. Each application for a proposed senior citizen
development shall be accompanied by appropriate undertakings, deed
restrictions, easements and the like, in form and content satisfactory
to the Village Attorney, as may be necessary to provide for and assure
continued proper future maintenance and ownership responsibilities
for all common areas, facilities and utilities within each stage of
development or section thereof.
(2)
Other assurances. The Planning Board may condition its approval
upon the applicant obtaining any other necessary approvals from the
appropriate village, town, county or state agencies having jurisdiction
thereof.
(3)
Performance bond. The applicant may be required to post a performance
bond in an amount sufficient in the opinion of the Village Board and
in favor of the Village in the form of a cash payment, surety bond
or letter of credit to assure that all ancillary facilities, utilities
and common areas shown on the proposed site plan are provided, together
with provision for their future maintenance and care. Said performance
bond shall be in form satisfactory to the Village Board after consultation
with the Village Attorney and shall extend for a term of not less
than five years after full completion as determined by the Village
Board.
(4)
The applicant shall provide assurances to the Planning Board
of an adequate availability of public central water and central sewer
services.
(5)
The applicant proposing an affordable or senior citizen housing
development shall assure the Village Board with the necessary market
analysis and documentation to the satisfaction of the Village Board
that there is an identifiable need for the project proposed.
(6)
Any proposed senior citizen housing project that receives a final plan approval from the Village Planning Board shall not be entitled to commence work at the proposed site until the applicant has provided to the Village Board in a form acceptable to the Village Attorney the procedure to confirm compliance with the occupancy requirements set forth in Subsection D above as well as the requirements of this section.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
[2]
Editor's Note: Former Subsection G, Effective date, which
immediately followed this subsection, was repealed 6-13-2017 by L.L.
No. 5-2017.
Except as provided herein, the storage or use
of mobile homes in the Village of Monroe is prohibited.
A.
Use as temporary residence.
(1)
Temporary certificate of occupancy. Where a
building permit has been issued for the erection, alteration or extension
of a single-family residential building, the Building Inspector may
issue a temporary certificate of occupancy for one mobile home for
a period not to exceed six months. Said temporary certificate of occupancy
may be extended for one additional period of six months if the Building
Inspector finds that construction has been diligently pursued and
that justifiable circumstances require such an extension. Said mobile
home may be occupied during the term of the temporary certificate
of occupancy and must be situated upon the lot for which the building
permit has been issued. Prior to the issuance of the temporary certificate
of occupancy by the Building Inspector and the location of said mobile
home on the lot, the matter shall be subject to Planning Board approval.
Said Board may attach to the approval whatever conditions it deems
necessary to carry out the intent of this chapter.
(2)
The fee for a temporary certificate of occupancy
for a mobile home shall be set by the Village Board. In the event
that the mobile home is not removed from the premises by the expiration
date of the temporary certificate of occupancy, there shall be a fine
levied against the owner in an amount per month as set in the fee
schedule for as long as the situation continues.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Mobile home court permit.
(1)
Requirement. No person, firm or corporation
shall own or operate a mobile home court without a permit, obtained
as herein provided, and failure to have such a permit shall constitute
a violation of this chapter.
(2)
Authorization and approval of plans by the Planning
Board. A mobile home court shall be allowed only upon authorization
and approval of plan by the Planning Board, and only in those zoning
districts where such use is permitted.
(3)
Nontransferability. Mobile home court permits
shall not be transferable or assignable.
(4)
Procedure. Application for a mobile home court permit shall be filed with the Building Inspector, who shall submit the same to the Planning Board for appropriate action. After proper review under the terms of Article XV, Site Plan and Special Permit Review and Approval, and Subsection C of this section, the Planning Board may grant authorization and approval of plans. Following such authorization, the Building Inspector shall issue a permit for a mobile home court upon receipt of the required fee. The permit shall be for the authorization to operate the mobile home court for a period of one year with renewal provisions as set forth in Subsection H of this section.
[Amended 6-13-2017 by L.L. No. 5-2017]
(5)
Application. Application for a mobile home court
permit shall be made in triplicate on forms to be provided by the
Building Inspector, shall be signed by the applicant and shall state:
(6)
Site plan. Each application shall be accompanied
by a site plan drawn to scale by a legally qualified surveyor, engineer
or architect, said plan to include the following information:
(a)
Location of the proposed mobile home court,
showing the boundaries and measurements of the premises.
(b)
Location and number of mobile homes to be situated
therein.
(c)
Means of egress and ingress to all public roads.
(d)
Watercourses and drainage ditches.
(e)
Internal roads and off-street parking facilities.
(f)
Water supply and sewage disposal facilities.
(g)
Location of fire extinguishers.
(h)
Location, nature and extent of fences and screening.
(i)
Location of outdoor lights, signs and other
structures.
(j)
Names of owners of adjoining properties.
C.
Mobile home court development standards. Notwithstanding
the applicable provisions of this Code or other ordinances, each mobile
home court shall comply with the following conditions:
(1)
No mobile home court shall adjoin or be closer
than 1,000 feet to any existing mobile home court.
(2)
The site shall be well drained and have such
grades and soil as to make it suitable for the purpose intended.
(3)
Central sewage disposal and water supply systems
shall have the approval of the Orange County Department of Health
and/or similar municipal approval, whichever is more restrictive;
and each mobile home site shall be suitably connected to these systems.
(4)
Garbage shall be collected once every day, and
a waste collection station shall be provided for every 20 mobile home
sites. No such collection station shall be farther than 300 feet from
the site so served. Waste collection stations shall be emptied at
least three times each week.
(5)
The outside burning of garbage, trash or rubbish
is prohibited.
(6)
A mobile home court shall have at least 100
feet of frontage on an improved public (state, county or Village)
road. No individual mobile home shall have frontage or direct access
to a public road.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
The mobile home court site shall be designed
with all mobile home lots fronting on loop or cul-de-sac streets,
no more than 10 lots fronting on each such non-through-traffic street.
(8)
Access to a mobile home court and circulation
within shall be by roads paved with asphalt concrete, as approved
by the Planning Board, and shall be kept in good repair. Roadways
shall be at least 30 feet wide. Two exits to each mobile home court
shall be provided, at least 125 feet apart. The Planning Board shall
require a bond for the construction of said roads.
(9)
Of the two off-street parking spaces required
for each mobile home site, one such space shall be adjacent to or
within each mobile home lot; the second may be contained within one
or more group parking areas.
(10)
All means of ingress and egress, drives, lanes
and public spaces shall be adequately lighted. Exits, entrances, drives
and lanes shall have a least one shielded 50 watt bulb for each 50
feet of drive.
(11)
Each mobile home site without a basement shall
be provided with a four-inch concrete slab at least 10 feet by 18
feet in size, placed on a stable surface, for use as a terrace, and
so located as to be adjacent and parallel to the mobile home. The
base of each mobile home shall be enclosed. Each mobile home lot shall
contain an underground electrical outlet and weatherproof service
connection to which the electrical system of the mobile home can be
connected.
(12)
A fire alarm box or public telephone shall be
provided for each mobile home park, and fire extinguishers, approved
by the local fire district officers, shall be furnished so that no
mobile home shall be more distant than 150 feet from such extinguisher.
(13)
One public telephone shall be provided for each
mobile home court.
(14)
All mobile home courts shall be screened from
the view of adjacent properties and public streets by peripheral landscaping
containing hedges, evergreens, shrubbery, fencing or other suitable
screening, as approved by the Planning Board and deemed appropriate
for the purpose.
(15)
All open portions of the site shall have adequate
grading and drainage and shall be continuously maintained in a dust-free
condition by suitable landscaping with trees, shrubs or planted ground
cover; or by paving with asphaltic, concrete, rock or by other suitable
material as shall be approved by the Planning Board.
(16)
Required front yard areas shall be planted and
maintained in such a manner as to provide a park-like setting for
all buildings.
D.
Inspection. The Building Inspector or any other duly
authorized agent of the Village of Monroe shall have the right at
any reasonable time to enter any mobile home court to inspect all
parts thereof and to inspect the records required to be kept in any
mobile home court.
E.
Register. The operator of a mobile home court shall
keep a register wherein there shall be noted the name and permanent
address of the occupants of every mobile home situated in the court,
the registration number of the same, the date it was admitted and
the date of its removal. Such register shall be signed by the owner
of the mobile home or the person bringing the same into the court.
F.
Revocation of permit.
(1)
If the Building Inspector or any other authorized
agent of the Village of Monroe finds that any mobile home court is
not conducted in accordance with the provisions of this chapter, such
person shall serve an order, in writing, upon the holder of the mobile
home court permit or the person in charge of said court directing
that the conditions therein specified be remedied within 10 days after
the date of service of such order.
(2)
If such conditions are not corrected by the
close of said ten-day period, said conditions shall constitute a violation
of this chapter.
H.
Renewal applications.
(1)
Renewal applications shall be filed with the
Building Inspector before the first day of December next preceding
the expiration of the original permit.
(2)
Upon approval of the Building Inspector or Planning
Board, as the case may be, and payment of the required annual fee,
a renewal permit shall be issued.
(3)
Prior to the issuance of a renewal permit, the
Building Inspector shall inspect the mobile home court premises for
compliance with these regulations. Any deviation from the application
as originally approved by the Planning Board shall require a new application
before the Planning Board and shall be in conformance with these regulations.
(4)
After issuance of the permit, the same shall
be valid until the end of the calendar year and shall be renewable
annually.
I.
Application to existing mobile home courts. This chapter, except for Subsections C(5), C(12) and E of this section, shall not apply to mobile homes existing in mobile home courts on the effective date of this chapter, and such existing mobile homes shall be considered nonconforming uses. Any enlargement, extension or alteration of an existing mobile home court may be made only in compliance with all the terms of this chapter.
[Added 9-14-2023 by L.L. No. 15-2023]
A.
Information required. In addition to the requirements relevant to site plans and special use permits, the applicant shall submit a written description indicating the staging and completion of the development, type of ownership, the number of habitable rooms and bedrooms, the floor space per dwelling unit, the amount of nonresidential floor space, the number of off-street parking spaces (in accordance with Article XI, Parking and Loading) and proposals for the construction, operation and maintenance of all utility systems and the methods of ownership, control and planning by which the proper continued future operation and maintenance of all buildings, parking areas, walkways, utilities and other common lands and facilities will be assured.
B.
Maximum number of dwelling units. The maximum number of dwelling
units shall be equal to one unit for each 1,300 square feet of lot
area.
C.
In order to serve the regionally underserved market of young families,
young singles, and empty nesters as determined by the Village Board
in the 2023 Comprehensive Plan, and with acknowledgment to the limited
area available for recreation and the limited ability to provide on-site
parking, the following limitations on the number of bedrooms are imposed:
(1)
All units proposed within the building will average no more
than 1.5 bedrooms per unit.
(2)
No more than 20% of units shall contain three bedrooms.
(3)
No unit containing more than one bedroom shall be located above
the second story unless an elevator is provided.
(4)
No unit shall contain more than three bedrooms.
D.
Required minimum and maximum livable floor area. In order to prevent
excessively small apartments, and in order to prevent the addition
of so-called "dens," "offices" and "bonus rooms" for the purposes
of avoiding limitations on the number of bedrooms, each proposed unit
shall be limited in livable floor area as follows:
E.
Refuse. An adequate means of collecting and storing refuse between
collections shall be provided. Any outside storage of garbage shall
be in centralized large containers designed to prevent rodent infestations
and shall be screened.
F.
Groundfloor use. No multifamily residential dwelling unit shall be
permitted in any structure that does not contain a non-residential
use authorized in the district occupying at least 80% of the ground
floor. No story above the ground floor will exceed the floor area
of the ground-floor story.
The purpose of this section is to provide the
opportunity for shopping centers to be built with appropriate standards,
innovative site layout and architecture and in a way that would not
adversely affect the neighborhood or nearby area.
A.
Analysis required. The developer shall submit an analysis
evaluating the trade area, existing and potential future competition,
tenant commitments, total retail space and an evaluation justifying
the site for a shopping center. Preliminary data, including costs,
showing off-site and on-site improvements and methods by which the
buildings, utilities, parking, walkways, etc., will be maintained
after opening shall also be submitted.
B.
Parking. Parking shall be provided as required in Article XI. The site plan shall show vehicular entrance and exit points and traffic flows to and circulation within the site, as well as any outside treatment needed for turns or acceleration or deceleration lanes for entering and leaving the shopping center; truck entrance and exit points, including circulation within the site; and loading and unloading spaces and docks. The Planning Board may require a full traffic study to be undertaken by the applicant that will document the existing conditions in the immediate vicinity of and the area surrounding the proposed shopping center; and the on- and off-site improvements that will be undertaken to mitigate the impact of the new facility.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
Design. Architectural plans shall be of such character as to promote innovative and imaginative building designs and techniques. The Planning Board shall consider the overall design and treatment of the shopping center, including building materials, walkways, landscaping (see Article VIII), signing (see Article X), lighting, refuse storage, cooling systems and interior features which may also include landscaping, lighting, signing and tenant spaces.
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Public utilities. A shopping center shall be served
by Village water and sewer systems.
E.
Stormwater collection and control systems. No proposed
development shall be approved if the anticipated peak stormwater runoff
from the site after development exceeds the peak runoff of the site
in an unimproved condition.[2]
[2]
Editor's Note: Former Subsection E(2), regarding
criteria for design, which followed this sentence [that appeared as
Subsection E(1)], was repealed 11-20-2007 by L.L. No. 6-2007.
F.
Undergrounding of utilities. All power and communication
lines, as well as water, sewer and storm drainage lines, shall be
installed underground in the manner prescribed by regulations of the
governmental agency or utility company having jurisdiction.
G.
Maintenance. The shopping center shall be maintained
at all times in a clean and orderly condition. Landscaping shall be
maintained in perpetuity in accordance with the approved landscaping
plan submitted to and approved by the Planning Board. Snow shall be
removed to an off-site location, or to a location as approved by the
Planning Board. No snow shall be piled to obstruct site distances,
or eliminate parking spaces. The responsibility for compliance shall
lie with all parties having a lease or ownership interest in such
use.
[Amended 6-13-2017 by L.L. No. 5-2017]
The purpose of this section is to permit automotive-
and vehicle-oriented uses, including appropriate associated uses,
in a manner consistent with reasonable standards, innovative site
layouts and architecture and in a way that will not adversely affect
the neighborhood or nearby area.
A.
Definitions;
special use permits.
[Added 6-13-2017 by L.L.
No. 5-2017[2]]
(1)
CAR WASH
MOTOR VEHICLE FUEL-DISPENSING STATION
MOTOR VEHICLE REPAIR AND PAINT SHOP
MOTOR VEHICLE SALES
Definitions.
As used in this section, the following terms shall have the meaning
indicated:
A facility for washing standard passenger vehicles. Such
facility may include related services, including vending machines,
pet wash facilities and vacuum and carpet-shampooing kiosks.
An area of land, including structures thereon, or any building
or part thereof, that is used for the sale of motor fuel or motor
vehicle accessories, and which may include food or beverage sales
without wait staff.
A facility arranged, intended, or designed for making repairs
to motor vehicles and their mechanical systems, including painting
and collision services.
Any area of land, including any structures thereon, for which
its principal use is the display or sale of new and/or used automobiles,
motorcycles, trucks, cargo trailers or recreational vehicles or other
vehicles in condition for road use upon registration and current inspection.
(2)
The
following shall be permitted by special use permit in the GB District:
|
GB District - Special Use Permit
|
Permitted Accessory Uses
| |
|---|---|---|
|
Car wash
|
Convenience store
| |
|
Motor vehicle fuel-dispensing station
|
Convenience store, car wash
| |
|
Motor vehicle repair and paint shop
|
Gasoline sales, convenience store, towing, rental, motor vehicle
sales, car wash
| |
|
Motor vehicle sales
|
Rental, repair, service, towing, car wash
|
[2]
Editor's Note: As directed by the Town, the addition of this
subsection preceding existing material effectively renumbered the
subsections that follow.
B.
Setbacks. No canopy shall be set back less than 15
feet from such right-of-way; and no gasoline pump or pump island shall
be set back less than 20 feet from any such right-of-way.
C.
Lighting. All lighting shall be of an indirect nature,
emanating only from fixtures located under canopies, under eaves of
buildings and/or at ground level in the landscaping. Freestanding
pole lights shall not exceed a maximum height of 14 feet and shall
be so arranged and shielded that there shall be no glare or reflection
onto adjacent properties or public rights-of-way.
D.
Screening. When any such use is adjacent to a residential
district or residential premises, a wall or fence eight feet in height
or 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, shall be
erected and maintained along such property lines, but such shall not
be closer than six feet to any street right-of-way. All surfaces of
walls or fences shall be finished, vine-covered or otherwise improved
by the use of planting. The Planning Board may waive this requirement
if it deems that other architectural or landscaping treatment, including
the retention of existing natural features, is more in the public
interest and is more protective of the adjacent property.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
Dumpster enclosure. A dumpster enclosure must be provided in accordance with the specifications contained in § 200-34F. Discarded oil cans, tires, parts, etc., shall not be stored on any section of the site, except within the enclosed building. Additional enclosures for discarded tires, scrap parts, etc. may be required at the discretion of the Planning Board.
[Amended 6-13-2017 by L.L. No. 5-2017]
F.
Outside operations. Operations outside the building
shall be limited to the dispensing of gasoline, oil, water and tires;
waxing; polishing; vacuuming; and the sale of minor items or parts.
G.
Storage and display. All storage and display of merchandise
and supplies, including candy, gum, soft drinks, coffee, cigarettes
or other similar items, must be conducted within the building except
that of automotive petroleum products and additives and supplies incidental
to pump-island service, which may be displayed outdoors.
H.
Inside operations. Any washing, steam-cleaning and
machine-drying operations shall be conducted within the building.
I.
Storage of vehicles. Areas devoted to the storage
of vehicles and equipment shall be ample in size and well-screened
and shall not encroach on any required yard area, and should be in
compliance with all regulations and requirements under this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
K.
Parking and loading. Parking and loading shall be provided as required in Article XI.
[Amended 6-13-2017 by L.L. No. 5-2017]
M.
Maintenance. The premises shall be maintained at all
times in a clean and orderly condition. The responsibility for compliance
shall lie with all parties having a lease or ownership interest in
such use.
N.
Proximity requirements for motor vehicle repair and
paint shop. No stations shall be located closer than 200 feet from
a school, public recreation area, church, hospital or any other place
of public assembly designed for the simultaneous use and occupancy
by more than 100 persons. Said distance is to be measured in a straight
line between the nearest points of each of the lots or premises, regardless
of the district where either premises are located.
[Added 6-13-2017 by L.L.
No. 5-2017[3]]
[3]
Editor's Note: This local law also repealed former Subsection
M, Supplementary requirements for motor vehicles service stations.
O.
Supplementary requirements for motor vehicle repair
and paint shop, and motor vehicle sales and service:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
Access. Access points shall be located a minimum of
100 feet from the intersection of designated street lines. Entrance
and exit driveways shall have an unrestricted width of not less than
12 feet and not more than 25 feet; shall be located not nearer than
10 feet from any property line; and shall be laid out so as to avoid
the necessity of any vehicle backing out across any public right-of-way.
(2)
All vehicles, except one tow truck, shall be stored
within a building when the facilities are not open for business. However,
not more than five licensed vehicles requiring minor repairs may be
left outside for a period not to exceed 48 hours, and these shall
be effectively screened from all property lines; except as to the
holding of a vehicle for not more than 60 days for insurance appraisal
purposes covering property damage claims; and except as to the holding
of a vehicle for the required period to perfect or protect a garageman's
lien pursuant to statute; and except as to the holding of vehicles
impounded by the State of New York. At no time shall any unlicensed
or dismantled vehicles be outside a building.
(3)
Waste materials shall be temporarily stored in an
opaque enclosure adjacent to the facility, the size, design and location
to be determined by the Planning Board.
[Added 6-13-2017 by L.L.
No. 5-2017]
Car washes may be permitted by the Planning Board as principal
or accessory uses, subject to the following requirements:
A.
The
maximum capacity of a car wash establishment shall be determined by
dividing the length of the equipment line by 20 feet. Each establishment
shall provide a parking or queuing area sufficient to accommodate
six times the maximum capacity of the establishment. Four times the
maximum capacity shall be provided for automobiles beyond the exit
of the equipment so situated as to be usable for the hand finishing
of the washing process and which shall be no closer than 50 feet to
any street right-of-way line.
B.
All
wash water shall be completely recirculated within the washing system
and discharged according to New York State regulations.
C.
Exit
area shall be pitched back toward the discharge system and be maintained
and kept free of ice and excess water.
[Added 6-13-2017 by L.L.
No. 5-2017]
A.
TAXI BUSINESS
As used
in this section, the following term shall have the meaning provided:
A business, new or existing on the effective date of this
chapter, transporting persons for hire, including but not limited
to taxi, livery, limousine and car service.
B.
All new and existing taxi business in the Village of Monroe must comply with Chapter 182, Taxicabs.
C.
Parking.
A parking space must be provided on site for each vehicle owned and
operated by the taxi business. These parking spaces are in addition
to the regular required parking requirements for such business. Under
no circumstances shall taxis, cars for hire, livery, limousines or
the like, be parked or stored overnight at any location in any district
in the Village of Monroe other than at an approved taxi business site.
D.
Maintenance.
No maintenance or repair of vehicles is permitted on site. All vehicles
must be registered and licensed. No junk vehicles or vehicle parts
are permitted on-site.
Nothing in this chapter shall restrict the construction
or use of underground or overhead distribution conduits of public
utilities operating under the laws of the State of New York. However,
public utility structures, water supply reservoirs, wells, sewage
treatment plants, water treatment facilities and transmission lines
and towers for electric power, telephone and gas are subject to the
following supplementary requirements:
A.
Public necessity. These uses shall be subject to a
finding that a public necessity exists for such use and that use of
the particular site for which application is made is necessary from
the public standpoint.
B.
Within residential districts. Public utility buildings and electrical substations are permitted in a residential district only when the location within such district is necessary for the furnishing of service to customers, and provided that no business offices, warehouses, construction or repair shops or garage facilities are included, and provided that the Planning Board approves such application in accordance with the provisions of this section and Article XV.
[Amended 6-13-2017 by L.L. No. 5-2017]
C.
Fencing. The Planning Board may require that such
use be enclosed by protective fencing with a gate, which shall be
closed and locked, except when necessary for authorized personnel
to obtain access thereto.
D.
Harmony with surroundings. The installation shall
be so designed, enclosed, painted and screened with evergreens that
it will be harmonious with the area in which it is located. The entire
property shall be suitably landscaped and maintained in reasonable
conformity with the standards of property maintenance of the surrounding
neighborhood.
E.
Off-street parking. Adequate off-street parking areas
shall exist or be provided for maintenance, service or other vehicles.
F.
Interference with reception. In appropriate cases,
satisfactory evidence shall be submitted establishing that there will
be no interference with radio and television reception on adjoining
property in the neighborhood.
Membership clubs are subject to the following
supplementary regulations:
A.
Private nature. The privileges of any club shall be
limited to bona fide regularly enrolled members and their guests.
The club shall be operated solely for recreational, athletic, social,
cultural or political purposes and not for pecuniary gain. It must
be incorporated pursuant to the provisions of the Not-For-Profit Corporation,
the Benevolent Order Laws of the State of New York, or other law of
the State of New York.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.
Residential character. All structures shall be residential
in character, in keeping with the style prevalent in the neighborhood,
and shall have pitched roofs.
C.
Use of an existing building. The Planning Board may
permit the use of any existing building meeting the setback requirements
of this chapter for club purposes, provided that the club meets all
other standards and requirements of this chapter.
D.
Parking. No permanent parking shall project closer
to the street than the front wall of the principal building.
E.
Lawn parking. The Planning Board may reduce the parking
requirement, provided that the club facilities are so laid out that
there are lawn areas that could accommodate temporary overflow parking.
F.
Landscaping. The entire lot, except for areas covered by buildings, parking lots or loading areas, shall have a landscape plan approved by the Planning Board (in accordance with the provisions of § 200-32, Trees and landscaping) and be properly maintained.
[Amended 6-13-2017 by L.L. No. 5-2017]
G.
Exterior lighting. Exterior lighting shall be restricted
to that essential for the safety and convenience of the users of the
premises or for the highlighting of a prominent architectural feature
of the building; and the source of such illumination shall be shielded
from the view of all surrounding streets and lots.
H.
Public address systems. The Planning Board may permit
the use of outdoor public address systems, provided that no more sound
shall carry beyond the limits of the club site than would be inherent
in the ordinary residential use of the property.
I.
Outdoor entertainment. Outdoor entertainment, live
or mechanical, shall be allowed only by special permit of the Village
Board of Trustees, renewed annually.
J.
Nuisance. No club shall be operated so as to create
a nuisance to surrounding properties. The Planning Board may require
such facilities as are required to protect neighbors from any nuisances
or hazards which would be inherent in the operation of the club.
K.
Caretaker. One dwelling unit may be located in the
club house for the use of a caretaker and his/her family.
L.
Food facilities. A snack bar and/or a dining room
is allowed, provided that it is incidental to the activities of the
club and is conducted for the benefit of the members thereof and their
guests only, and, if applicable, has received and maintains Orange
County Health Department approvals and permits.
[Amended 6-13-2017 by L.L. No. 5-2017]
M.
Change of use. A conditional use approval shall be
issued to a qualified organization for a specific use or purpose and
for a maximum number of members or seating capacity, and a new approval
shall be required for any change of organization, use or purpose or
increase in maximum membership or seating capacity.
Hotels and motels are subject to the following supplementary
regulations:
A.
Connecting units. No more than two hotel/motel guest units shall
be connected by interior doors.
B.
Site area. There shall be at least two acres of lot area per hotel,
and an additional 1,500 square feet shall be required for each hotel/motel
guest unit beyond the first 75 units.
C.
Room size. Each hotel or motel guest unit shall have an area of at
least 300 square feet. Each hotel or motel guest unit shall have at
least one bath facility with a shower and/or bath, one toilet facility
and a sink.
D.
Accessory uses. The following accessory uses shall be permitted:
(1)
One hotel/motel guest unit may be occupied solely by employees of
the hotel/motel and their families on a nontransient basis.
(2)
Restaurants, breakfast facilities, bars and coffee shops whose dining
areas in aggregate do not exceed 10% of the total floor area of the
hotel/motel.
(3)
Recreation facilities for the sole use of the hotel and motel guests.
(4)
Office and lobby, provisions of which shall be mandatory for each
hotel or motel.
(5)
Meeting and/or conference rooms and banquet facilities.
(6)
Business centers.
(7)
Fitness centers.
(8)
Gift, sundry and snack shops.
E.
Fire protection. All hotels and motels shall be equipped with sprinkler
and fire alarm systems.
F.
Minimum parking requirement. The Planning Board shall establish the minimum parking requirement in accordance with Article XI of this chapter, but in no event shall the minimum parking requirement for hotels be less than one parking space per hotel/motel guest unit plus one parking space for every 30 square feet of meeting and/or conference rooms and banquet facilities (assembly area exclusive of kitchen and service areas) over the first 750 square feet.
A.
Residential character. All structures shall be residential
in character, in keeping with the style prevalent in the neighborhood,
and shall have pitched roofs.
B.
Parking. No parking shall project closer to the street
than the front wall of the principal building.
C.
Exterior lighting. Exterior lighting shall be restricted
to that essential for the safety and convenience of the users of the
premises; and the source of such illumination shall be shielded from
the view of all surrounding streets and lots.
D.
Landscaping. The entire lot, except for areas covered by buildings, parking lots or loading areas, shall have a landscape plan approved by the Planning Board (in accordance with the provisions of § 200-32, Trees and landscaping) and be properly maintained.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
Construction and public utilities. All structures
shall be of fire-resistive construction, and all such uses shall be
served by Village water and Village sewer.
F.
Communicable diseases. Housing of patients suffering
from communicable diseases (as defined by the Sanitary Code of the
Public Health Council of the State of New York) shall not be permitted.
A.
SELF-STORAGE FACILITY
Definition. As used in this section, the following
term shall have the meanings indicated:
A public facility for storage of personal, household or business
property which is serviced by the owner of the stored property or
an agent of the owner for periods of at least 30 days or greater.
The term "self-storage facility" includes all similar uses and terms
but shall not be construed to mean "warehouse." The self-storage facility
must be constructed on a permanent foundation. A self-storage facility
is not to be used for the transfer, shipping or receiving of products
or goods in conjunction with a business operation.
B.
General requirements.
(1)
Self-service storage facilities shall be limited to
long-term storage use only and shall be located in the General Business
District. No activities other than rental of storage units and pickup
and deposit of long-term storage items shall be allowed. "Long-term
storage" will be defined as the storage of goods or materials for
a period of 30 days or greater. Examples of activities prohibited
in a self-service storage facility include but are not limited to
the following: commercial wholesale or retail sales; auctions, garage
sales or flea markets; servicing, repair or fabrication of motor vehicles,
boats, trailers, lawn mowers, appliances or similar equipment; the
operation of power tools, spray-painting equipment, table saws, lathes,
compressors, welding equipment, kilns or other similar equipment;
the establishment of transfer storage businesses; and any use that
is noxious or offensive because of odors, dust, noise, fumes or vibrations,
but nothing contained herein shall prohibit enforcement of the provisions
of the New York State Lien Law. None of the aforementioned conditions
shall restrict the facility owner from performing maintenance on this
facility.
(2)
All rental contracts shall include clauses prohibiting:
(a)
The storage of flammable liquids and highly
combustible, radioactive or explosive materials, hazardous chemicals
or substances considered illegal under state or federal statutes.
(b)
Housing or storage of pets or any other animals.
(c)
The use of property for uses other than long-term
storage.
(d)
Short-term storage of items for the intent of
warehousing activities and/or for retail sales.
(e)
The right of the owner to enter at least once
yearly without notice to the customer, to make inspection of the storage
units.
(3)
The owner or operator of the facility shall inspect
each and every storage unit for cause or without cause at a period
no less than once yearly. The owner shall maintain records of their
inspections and make them available to the Code Enforcement Officer
upon request.
(4)
Interior parking lanes shall be provided adjacent
to the storage units. Such lanes shall be provided parallel to the
storage units. Such lanes shall be a minimum of 12 feet in width.
(5)
Interior maneuvering lanes shall be provided around
all buildings. For one-way circulation, lanes of 12 feet shall be
provided. For two-way circulation, 24 feet shall be provided. Drives
shall be surfaced with asphalt pavement capable of sustaining the
weight of fire equipment.
(6)
Landscaping and security.
(a)
The landscape plan requirements shall be reviewed
and/or revised by the Planning Board depending upon site specifics.
(b)
Plantings shall be provided in all yards facing
public roadways and adjoining residential properties. These and other
plantings shall both screen and visually interrupt the linear extent
of the buildings so as to reduce the appearance of the storage facilities.
An effective living screen of evergreen-type trees, bushes and shrubs
shall be provided. All plantings shall be properly maintained.
(c)
The site shall be developed in a manner designed
to minimize the potential for vandalism or criminal activity. Fencing
for security or aesthetic purposes shall be approved by the Planning
Board as to material, height and color. Site lighting shall be provided
and shall be directed or shielded to minimize fugitive lighting impacts
upon residential properties in the vicinity of the facility and shall
be configured to minimize glare on adjacent properties or roadways
and subject to Planning Board approval.
(7)
Hours of operation for self-storage facilities shall
be limited by the Planning Board, but in no event shall entry be permitted
prior to 6:30 a.m. or after 11:00 p.m.
(8)
Signs shall be installed in accordance with applicable
provisions of this Code and with approval of the Planning Board; however,
no sign may be affixed to any portion of the perimeter fencing.
(9)
All interior travel lanes shall be posted to prohibit
parking.
(10)
Rental unit size shall be limited to a maximum
of 400 square feet, and no single tenant shall be permitted to rent
or lease more than 1,200 square feet.
(11)
Buildings shall be oriented to reduce the visual
impact on adjacent properties and existing roadways.
(12)
No building shall have an exterior wall height
greater than nine feet, nor shall it be longer than 150 feet in length.
(13)
All storage shall be within the building walls.
There shall be no outdoor storage of boats, cars, trucks, RVs or other
vehicles of any type.
(14)
Site plan review by the Planning Board shall
be required pursuant to the Village Code as applied to site development
plans or special permitted uses.
C.
Interpretation; higher standards to prevail. In their
interpretation and application, the provisions of this section shall
be held to be the minimum requirements. More stringent provisions
may be required if it is demonstrated that different standards are
necessary to promote the public health, safety and welfare.
[Amended 6-13-2017 by L.L. No. 5-2017[1]]
A.
Exterior lighting. Exterior lighting shall be restricted
to that essential for the safety and convenience of the users of the
premises; and the source of such illumination shall be shielded from
the view of all surrounding streets and lots.
B.
Landscaping. The entire lot, except for areas covered by buildings, parking lots or loading areas, shall have a landscape plan approved by the Planning Board (in accordance with the provisions of § 200-32, Trees and landscaping) and be properly maintained.
C.
Public
address systems. The Planning Board may permit the use of outdoor
public address systems, provided that no more sound shall carry beyond
the limits of the recreational facility site than would be inherent
in the ordinary residential use of the property.
D.
Outdoor
entertainment. Outdoor entertainment, live or mechanical, shall be
allowed only by special permit of the Village Board of Trustees, renewed
annually.
E.
Nuisance. No recreational facility shall be operated
so as to create a nuisance to surrounding properties. The Planning
Board may require such facilities as are required to protect neighbors
from any nuisances or hazards which would be inherent in the operation
of the facility.
F.
Food facilities. A snack bar and/or a dining room
is allowed, provided that it is incidental to the activities of the
recreational nature of the facility.
[Added 6-13-2017 by L.L.
No. 5-2017]
A.
There
shall be no more than one day-care center per lot.
B.
The limits
of any outdoor play area or recreation area shall not extend closer
than 20 feet to any residential property line.
C.
All day-care
centers shall have an active outdoor play area of 100 square feet
per child.
D.
Outdoor
play areas shall be appropriately fenced or otherwise protected from
roads and nearby properties.
F.
The operator
shall have a valid license from New York State.
G.
The day-care
center shall comply with all applicable conditions and limitations
of the New York State Department of Social Services relating to the
operation and licensing of day-care centers and shall have all required
licenses and certificates.
Compatibility. Before approving any drive-up or drive-through
establishment, the Planning Board shall consider and regulate the
following:
A.
Vehicular traffic movements and potential hazards
to pedestrian safety. All drive-through aisles shall exit into a parking
area, or to a location determined by the Planning Board.
B.
Proposed signs, lighting, speaker noise where residential
properties are located nearby, and landscaping.
C.
Parking
shall be adequate for the type of facility proposed, with three additional
short-term spaces devoted specifically for pickup or order delays
for each drive-up, drive-through, walk-up or pickup window or area
inside or outside the building.
D.
Public
roads and internal drive aisles shall not be blocked by waiting drive-through
traffic.
E.
Parking
areas and circulation drives shall be adequately separated and clearly
defined by pavement markings and/or striping so as to avoid conflict
between parked cars and waiting drive-through traffic.
[Added 6-13-2017 by L.L.
No. 5-2017]
A.
BED-AND-BREAKFAST
Definitions.
As used in this section, the following terms shall have the meaning
indicated:
The renting of not more than five rooms in an owner-occupied
dwelling for overnight accommodations and serving of breakfast to
not more than 10 casual and transient roomers, provided that the renting
of such rooms for such purpose is incidental and subordinate to the
principal use of the dwelling. The bed-and-breakfast use shall at
no time be construed as a dwelling unit. The bed-and-breakfast use
shall conform to the special permit provisions of this chapter.
B.
Bed-and-breakfast facilities. The Planning Board, in its consideration of bed-and-breakfast facilities, shall incorporate the special permit requirements of Article XII and shall require the following:
(1)
The
bed-and-breakfast use shall be an accessory use to the principal use
in permitted districts.
(2)
The
use in all districts allowed under this section shall be exclusively
owner-occupied single-family housing.
(3)
Residential
buildings incorporating bed-and-breakfast as an accessory use shall
be a minimum of 2,000 square feet in living area.
(4)
The
length of stay within a bed-and-breakfast shall be a maximum duration
of seven consecutive days, and documentation verifying the length
of stay of each guest, such as a registration ledger or receipts,
will be made available to the Code Enforcement Officer or the Building
Department upon request.
(5)
Cooking
facilities shall be prohibited in guest bedrooms.
(6)
Guest
rooms may not be used as legal residences in order to enroll children
into a school district.
(7)
Upon
the issuance of a special use permit by the Planning Board for bed-and-breakfast
facilities, an annual inspection by the Building Department for bed-and-breakfast
use upon real property shall be required by the Building Department
for continued operation.
(8)
All
guest rooms must conform to the New York State Uniform Fire Prevention
and Building Code requirements for habitable space.
(9)
A
site plan and detailed floor plan shall be required as a condition
of this special use permit.
