[Amended 8-18-2009 by L.L. No. 3-2009; 6-13-2017 by L.L. No. 5-2017]
A.
Lot widths. Any other requirement notwithstanding,
no lot width shall be less than 35 feet, measured along the street
line.
B.
Prosecution for illegal residential occupancies and overcrowding
in dwellings.
[Added 9-14-2023 by L.L. No. 9-2023]
(1)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
[1]
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
[2]
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.
(2)
Demand
for inspection of premises.
(a)
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.
(b)
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.
(3)
Penalties for offenses.
(a)
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.
(b)
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.
(c)
Each day that a violation continues to exist shall constitute
a separate and distinct violation for the purpose of civil and criminal
penalties.
(4)
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.
A.
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]]
(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.
(2)
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.
(3)
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.
(4)
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:
(a)
Light sources (bulbs, LED arrays) shall not be directly visible
from a public right-of-way or neighboring residential lot.
(b)
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°.
(c)
LED lighting shall have a color of 3,000 Kelvin or less.
(d)
The maximum footcandles shall not exceed 0.2 footcandles measured
along any property line adjoining a vacant or residential lot.
(e)
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:
(a)
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.
(b)
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.
(c)
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.
B.
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]
(1)
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.
(2)
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.
C.
Access. Whenever feasible, access to nonresidential
lots having frontage on more than one street shall be from a nonresidential
street.
D.
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.
E.
Hazardous materials.
(1)
Any industry regulated by the federal Superfund Agency
Reorganization Act (SARA) shall supply to the Village Board of Trustees
and to the Fire Chief:
(2)
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.
F.
Screening. Screening regulations for nonresidential
uses adjacent to lots in any residence district.
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
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.
(2)
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.
G.
Outdoor display of merchandise.
[Amended 5-16-2000 by L.L. No. 3-2000; 5-1-2012 by L.L. No.
2-2012]
(1)
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.
(2)
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.
(3)
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.
H.
Dumpsters
and dumpster enclosures.
[Added 12-21-2010 by L.L. No. 3-2010]
(2)
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.
(a)
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:
[2]
Screening may be accomplished by:
[a]
Full dumpster enclosure (see detail as contained in Exhibit
A);[2]
[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.
(3)
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]
(a)
All properties that utilize a dumpster shall also provide an enclosed
dumpster area.
(b)
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.
(c)
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.
(d)
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.
(e)
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)
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.
A.
Policy. Relative to the Central Business District,
it is the stated policy of the Village of Monroe:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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]
(1)
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.
(2)
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:
(a)
Discourage any single-storied structures.
(b)
Permit no dwelling unit on the first (or ground)
floor.
(c)
Require off-street parking to be provided at
the standard of one parking space per dwelling unit.
(d)
Require usable open space (exterior) if possible.
(e)
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.
(3)
Parking.
(a)
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:
(4)
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.
A.
Self-service structures and booths.
(1)
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]
[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.
B.
Temporary business movable structures.
(1)
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]
[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.
C.
Exterior lighting.
(1)
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.
(2)
Lights used to illuminate any swimming pool or other
outdoor activity or area in any residence district shall be so arranged
and shaded as to reflect away from adjoining premises.[3]
[3]
Editor's Note: Former Subsection D, Open space subdivisions
and cluster housing, added 7-19-2005 by Ord. No. 1-2005, which immediately
followed this subsection, was repealed 6-13-2017 by L.L. No. 5-2017.
