A.
Approval of special use permits. The Town Board authorizes the Planning
Board to grant special use permits as set forth herein.
B.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 57-65, without the necessity of a decision or determination of the Building Inspector.
C.
Conditions attached to the issuance of special use permits. The Planning
Board may impose such reasonable conditions and restrictions as are
directly related to and incidental to the proposed special use permit.
Upon its granting of said special use permit, any such conditions
must be met prior to the issuance of any building permit.
D.
Waiver of requirements. Unless expressly prohibited by this Zoning Chapter and the specific standards set forth in § 57-13, the Planning Board, when reasonable, may waive any requirements set forth in § 57-13 for the approval, approval with modifications or disapproval of a special use permit. Any such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver can be granted by implication and any waiver must be granted by specific affirmative vote of the majority of the full membership of the Board based upon findings required herein.
E.
Public hearing and decision on special use permits. The Planning Board shall conduct a public hearing within 62 days from the day a complete application is received on any matter referred to it under this article. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The applicant shall send the notice of public hearing to all persons included on the list of names and addresses utilized for the initial notification required under § 57-16A of the Zoning Chapter. The names and addresses of the owners to be notified of the hearing shall be as they appear on the latest assessment roll of the Town of Monroe (and any adjoining municipalities) and as furnished to the applicant by the Tax Assessor of the municipality. Such notice shall be sent by certified mail, return receipt requested, no less than 10 days prior to the hearing. Proof of such mailings and receipts for same shall be filed with the Planning Board prior to or at the time of the hearing. The Planning Board shall decide upon the application within 62 days after the close of the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
F.
Notice to applicant and Orange County Planning Department. As per
§ 274-b of New York State Town Law, at least 10 days before
such hearing, the Planning Board shall mail notices thereof to the
applicant and to the Orange County Planning Department which notice
shall be accompanied by a full statement of such proposed action.
G.
Compliance with SEQRA. The Planning Board shall comply with the provisions
of SEQRA under Article 8 of the Environmental Conservation Law and
implementing regulations.
H.
Minutes and records. The Secretary of the Planning Board shall keep
minutes of the Board's proceedings showing the vote of each member
upon every question or, if absent or failing to vote, indicating such
fact. The Secretary shall also keep records of examinations and official
actions, all of which shall be immediately filed in the office of
the Planning Board and shall be a public record. Each decision of
the Planning Board with respect to the approval of a special use shall
be stated and documented as to provide a definitive authorization
to the Building Inspector for the issuance of a building permit or
certificate of occupancy.
I.
Site plan. Any application for a special use permit shall require
site plan approval to be issued concurrently by the Planning Board
in accordance with the site plan regulations contained in this Zoning
Chapter.
J.
Deemed to be a conforming use. Any use for which a special use permit
has been granted shall be deemed to be a conforming use in the district
in which it is located, provided that such permit shall be deemed
to affect only the lot or portion thereof for which such permit shall
have been granted. The expansion of any special use shall require
reapproval of the special use permit by the Planning Board in accordance
with the special use permit application and approval procedures contained
herein. For purposes of this section, expansion shall be interpreted
to mean an increase in the area allocated to the special use, an increase
in development coverage, or an increase in the intensity of use, e.g.,
an increase in traffic or need for on-site parking.
K.
Inspections. In connection with the issuance of a special use permit,
the Planning Board may schedule inspections to be conducted by the
Building Inspector to ensure continued compliance with this Zoning
Chapter and any conditions of the special use permit.
L.
Existing violation. No special use permit shall be issued for a property
in violation of this Zoning Chapter unless the granting of a special
use permit and site plan approval will result in the correction of
said violation.
M.
Expiration. A special use permit shall be deemed to have expired
if construction is not completed and a certificate of occupancy issued
within 180 days of the date of issuance. Extension of such authorization
may be granted by the Planning Board for not more than two additional
ninety-day periods upon a written request by the applicant fully setting
forth the reasons for such request or upon the Board's own motion.
A special use permit shall be deemed to have expired if it ceases
operation for a time period equal to or greater than 12 consecutive
months for any reason.
N.
Fees. An application fee shall accompany the special use permit application
in an amount established in the fee schedule duly adopted by the Monroe
Town Board.
O.
Special use standards. Special uses shall meet all other regulations established in this Zoning Chapter. Where any standard in the Zoning Chapter varies from the individual special uses set forth below, the more restrictive of the standards shall prevail, unless specifically set forth in § 57-13 below.
On application and after public notice and hearing, the Planning
Board may approve by resolution, the issuance of a special use permit
for uses that require a permit under this Zoning Chapter. In authorizing
a special use permit, the Planning Board shall take into consideration
the expressed intent of this Zoning Chapter, the general public health,
safety, and welfare, and shall prescribe appropriate conditions and
safeguards to ensure accomplishment of the following objectives:
A.
Such use shall be one which is specifically authorized as a special
use in the district within which such particular site is located.
B.
The proposed use shall be deemed to be compatible with adjoining
properties, and with the natural and built environment of its surrounds,
and shall not be prejudicial to the character of the neighborhood.
C.
The site is accessible to fire, police, and other emergency vehicles.
D.
The special use is suitable to its site upon consideration of its
scale and intensity in relation to environmentally sensitive features,
including but not limited to steep slopes, floodplains, wetlands,
and watercourses.
E.
Adequate screening and separation distances are provided to buffer
the use from adjacent properties where the authorized board deems
it necessary.
F.
Exterior lighting shall not negatively impact adjoining properties.
G.
The use will not negatively impact ambient noise levels, generate
excessive dust or odors, release pollutants, generate glare, or cause
any other nuisances.
H.
Parking shall be sufficient so as to not create a nuisance or traffic
hazard on adjacent properties or roads.
I.
Vehicular, pedestrian and bicycle circulation, including levels of
service and roadway geometry, shall be safe and adequate to serve
the special use. The Planning Board shall determine that, when taken
in conjunction with other existing land uses, it will not generate
traffic that would result in an undue burden upon the available access
streets. Every effort shall be made to preserve existing trail routes,
and where necessary and appropriate, incorporate new trail routes
and connections.
J.
The location, arrangement, size, and design of the special use, including
all principal and accessory buildings and structures associated with
same, shall be compatible with the character of the neighborhood in
which it is situated and shall not hinder or negatively impact the
use, enjoyment or operation of adjacent properties and uses.
K.
Utilities, including stormwater, wastewater, water supply, solid
waste disposal and snow removal storage areas, shall be adequate to
serve the special use.
L.
The use shall not negatively impact the visual, scenic or historic
character of the Town of Monroe or its environs, and shall incorporate
said features into the design of the special use where the Planning
Board determines it is practicable.
M.
The building's architecture shall be deemed to be consistent and
suitable with the neighborhood within which it is located.
N.
Landscaping shall be integrated into the overall design of the special
use, and shall include a mix of undisturbed woodland, and areas not
used for building, parking, or driveways shall be revegetated and
landscaped as required by this Zoning Chapter.
In addition to the general standards set forth in § 57-12 above, the following requirements shall apply to individual special uses:
A.
Adaptive reuse of a historic building. The purpose of this special use is to assist in the preservation of the cultural heritage of the Town of Monroe by allowing certain uses to be allowed in structures of historic and architectural merit in a residential zoning district. These uses shall be in addition to any use which is otherwise allowed in zoning district in which the building is located. The following uses may be permitted by special use permit granted by the Planning Board, provided that the Board finds that the application meets all the general conditions of § 57-12 and further meets all the applicable conditions set forth herein.
(1)
Allowable uses include:
(a)
Artists' or artisans' studios.
(b)
Art galleries and museums.
(c)
Antique shops.
(d)
Rare book, coin or stamp shops.
(e)
Sit-down restaurants not to exceed an average seating capacity
of 50 unless the Planning Board determines that preservation of the
structure necessitates a larger size.
(f)
Professional offices not to exceed six employees.
(g)
Special uses of low traffic volume, normally associated with
history, the arts or cultural uses, appropriate to the structure and
compatible with the neighborhood.
(2)
The historic building shall be listed on the National Register of
Historic Places, the State Register of Historic Places, or shall be
eligible for listing, or shall be designed locally by the Town of
Monroe in accordance with the regulations contained in this Zoning
Chapter. Evidence of said eligibility shall be made by submission
of a Historic Resource Survey conducted in accordance with guidelines
promulgated by the New York State Office of Parks, Recreation and
Historic Preservation (OPRHP). The historic survey shall be submitted
to the NYS OPRHP and that agency shall determine eligibility.
(3)
The minimum lot area shall be one acre unless the Planning Board
finds that the use can be conducted on a smaller lot and meet the
standards set forth herein.
(4)
There shall be no exterior alteration of the structure except where
said alteration makes the building or property consistent with its
original historic character. The Planning Board may require that the
building be improved to historic design standards as a condition of
approval. Continuing maintenance of the building to protect its historic
character shall be a condition of any special use permit.
(5)
A site plan shall be submitted and said submission is not waivable.
The site plan shall be accompanied by schematic architectural drawings
which shall show the existing conditions of the structure and the
proposed restoration. The Planning Board shall be provided with a
report from an architect qualified on historic preservation as to
the appropriateness of the proposed restoration and its compliance
with the Secretary of the Interior's national standards for the restoration
of historic structures. Upon receipt of the report, the Planning Board
must make the following findings before approval is granted:
(a)
The exterior (and where appropriate, the interior) restoration
shall maintain the architectural and historic integrity of the structure.
(b)
The proposed use is compatible with the neighborhood and activities
permitted within the structure can adequately be buffered from any
surrounding residential home.
(c)
The resulting traffic generation will not overburden existing
roads and adequate parking can be provided without unduly destroying
the landscape or the setting of the structure.
(d)
The proposed use is appropriate to the structure, will aid in
the preservation of the structure and will not result in undue additions
or enlargement to the structure.
B.
Adult bookstores, theaters, and similar uses.
(1)
Purpose. This article is intended to regulate uses which, because
of their very nature, are recognized as having serious objectionable
operations characteristics, particularly when several of them are
concentrated under certain circumstances thereby having a deleterious
effect upon the adjacent areas. Special regulation of these uses is
necessary to ensure that these adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhood. The
primary control or regulation is for the purpose of preventing a concentration
of these uses in any one area.
(3)
Adult uses shall be allowed by special use permit subject to the
following conditions:
(a)
No such adult uses shall be allowed within 1,500 feet of another
existing adult use or approved site for such use.
(b)
No such adult use shall be located within 500 feet of any zoning
district which is zoned for residential use.
(c)
No such adult use shall be located within 500 feet of a preexisting
school or place of worship.
(d)
No such adult use shall be located in any zoning district except
an HI-zoned area.
(4)
Exterior display prohibited. No adult use shall be conducted in any
manner that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
(5)
Registration. It shall be unlawful for the owner or person in control
of any property to establish or operate thereon or to permit any person
to establish or operate an adult use without first obtaining special
use permit approval from the Planning Board, and having properly registered
and received certification of approved registration. Upon issuance
of a special use permit, the owner of a building or premises, his
agent for the purpose of managing, controlling or collecting rents
or any other person managing or controlling a building or premises,
any part of which contains an adult use, shall register with the Town
Clerk of the Town of Monroe the following information:
(a)
The address of the premises.
(b)
The name of the owner of the premises and the names of the beneficial
owners if the property is in a land trust.
(c)
The address of the owner and the beneficial owners.
(d)
The name of the business or the establishment subject to the
provisions of this section.
(e)
The name(s) and addresses of the owner, beneficial owner or
the major stockholders of the business or the establishment subject
to the provisions of this section.
(f)
The date of initiation of the adult use.
(g)
The nature of the adult use.
(h)
If the premises or building is leased, a copy of the said lease
must be attached.
(i)
The owner, manager or agent of a registered adult use shall
display in a conspicuous place on the premises a copy of the registration
form.
C.
Animal kennel or veterinary hospital. No authorization for a building
permit shall be granted by the Planning Board unless the use meets
the following standards:
(1)
In considering the application for a special permit for a kennel
or veterinary hospital, the Planning Board shall consider the number,
size, breed and temperament of animals to be sheltered and impose
reasonable conditions to protect proximate uses, aesthetic impact
and safety of the animals sheltered in order to ensure the health,
safety and general welfare of the community.
(2)
Animal waste shall be disposed of in a manner acceptable to the Orange
County Department of Health.
(3)
Land burial of animals in association with a kennel or veterinary
hospital shall be prohibited.
(4)
The minimum lot area required shall be one acre plus 500 square feet
for the number of animals to be boarded.
(5)
All outdoor facilities associated directly with the kennel or veterinary
hospital, whether indoors or outdoors, shall be set back a minimum
of 100 feet from any property line.
(6)
The Planning Board shall evaluate potential noise impacts and shall
minimize negative impacts on adjacent uses which may include the use
of soundproofing or prohibition of certain outdoor activities.
(7)
The Planning Board may require screening of outdoor runs from view.
D.
Automotive service or automotive filling station. No authorization for a building permit shall be granted by the Planning Board for an automotive service or gas filling station or car washing station in any district where authorized, unless the Board shall first determine that all applicable provisions of §§ 57-51, 57-52 and 57-53 will be complied with and unless the Board shall further determine that the proposed location of such facility will serve the interests of the residents of the Town without any damaging effect upon adjacent properties.
E.
Bed-and-breakfast. No authorization for a building permit shall be
granted by the Planning Board unless the use meets the following standards:
(1)
The operator of the bed-and-breakfast residence establishment shall
be an owner of the property and an occupant of the single-family residential
dwelling to which the guest rooms are accessory.
(2)
Bed-and-breakfast residences shall be permitted accessory only to
single-family detached dwellings. However, in no case shall bed-and-breakfast
residences be permitted as an accessory to a single-family detached
dwelling having physical access only to a private road. The driveway
serving the bed-and-breakfast residence shall have direct physical
access to a public road.
(3)
Full vehicular turnaround for the single-family detached dwelling
and the bed-and-breakfast residence shall be provided unless the Planning
Board waives such turnaround requirement for lots having frontage
on an access to a minor street.
(4)
The establishment and operation of the bed-and-breakfast residence
shall not alter the appearance of the residence structure as a single-family
detached dwelling.
(5)
Not more than three bedrooms of the single-family detached dwelling
shall be permitted to be used as guest rooms. Upon conversion of any
portion of floor area in the single-family residential dwelling to
a bed-and-breakfast residence establishment, the dwelling shall retain
at least one bedroom for the exclusive use for the owner of the dwelling
to which the bed-and-breakfast residence is accessory.
(6)
Room rental shall be for transient usage only. There shall be a limit
of not more than 14 consecutive days for the length of stay by any
guest.
(7)
The sanitary and water supply systems serving the dwelling shall
be found to be adequate to meet the needs of the dwelling, together
with the bed-and-breakfast residence use, and adequate waste enclosures
shall be provided to contain the solid waste generated by the use.
(8)
Parking shall be provided to meet the residence requirement, together
with one additional space for each bed-and-breakfast bedroom.
(9)
Hard-surfaced walkways equipped with low-level lighting shall be
provided from the parking spaces to the bed-and-breakfast residence
entrance.
(10)
If any outside recreation or any other exterior improvements
exist or are planned to be constructed for use of the guest of the
bed-and-breakfast residence, those improvements shall be part of the
approved site plan.
(11)
Food service shall be limited to those renting rooms.
F.
Bus passenger waiting shelter. No authorization for a building permit
shall be granted by the Planning Board for a bus passenger waiting
shelter unless the Board shall first determine that such use would
not operate as a bus depot or bus station and further that the proposed
location will serve the interests of the residents of the Town without
any damaging effect upon adjacent properties.
G.
Cemetery. No authorization for a building permit shall be granted
by the Planning Board for a cemetery in any district where authorized,
unless the Board shall first determine that such cemetery is appropriate
to the character of its neighborhood and will serve the interests
of the residents of the Town without any damaging effect upon adjacent
properties.
H.
Child day-care centers. No authorization for a building permit shall
be granted by the Planning Board unless the use meets the following
standards:
(1)
Driveways shall be located at points of sight distance sufficient
to afford safe ingress and egress for the posted speed limit and classification
of road on which they are located.
(2)
Where practicable, day-care centers shall be provided with a one-way
traffic flow. Pedestrian circulation areas should, where practicable,
avoid crossing traffic circulation ways. Drop-off areas are encouraged
and may be provided for temporary vehicular standing near the building
entry, but, if such areas are provided, they shall be situated so
as to avoid creating conflicts with entering and exiting traffic and
with internal vehicular and pedestrian circulation.
(3)
Outdoor play areas shall be provided and shall be located in side
or rear yard areas. Such outdoor play areas shall be enclosed by secure
fencing at least four feet high unless it can be demonstrated to the
satisfaction of the Planning Board that such fencing is not necessary
for the protection of health and safety. Outdoor play areas shall
include areas for play equipment and/or shall include open yard areas
for unstructured play. Such outdoor play areas shall not exceed a
ten-percent slope. Access to such play areas shall not require the
need to cross a street or vehicular circulation area.
(4)
Buffer landscaping and/or fencing may be required where deemed necessary
to screen and protect outdoor play areas from dust, dirt or noise
or to screen and protect adjacent properties from any site-generated
noise. If buffer landscaping is provided, it shall be densely planted
so as to create a virtually opaque screen within two years after installation.
If buffer fencing is provided, it shall provide opaque coverage and
shall be situated with the finished side facing outward from the site.
If provided, buffer fencing shall not exceed eight feet in height
and shall be set back a distance equal to at least 1 1/2 times its
height from any property line. However, in no case shall fencing or
buffer landscaping be located so as to interfere with sight distance
into or out of the site driveway(s). Buffer landscaping and/or fencing
shall be maintained to preserve its intended function and to preserve
a well-kept, attractive appearance.
(5)
Adequate off-street parking shall be provided to meet the reasonable
needs of the facility. At a minimum, one space per staff member shall
be provided, with one additional parking space per six children enrolled
for the same time period.
(6)
Within a residential zoning district, this special permit use is
allowed an additional twenty-percent lot coverage over what is otherwise
allowed for a single-family detached dwelling, without or with central
sewer facilities, depending on whether the use is served by central
sewer.
I.
Child day camp. No authorization for a building permit shall be granted
by the Planning Board unless the use meets the following standards:
(1)
The minimum lot area shall be 100 acres.
(2)
The property shall front to and be served by a major collector road
as shown on the NYSDOT Functional Classification Map included in the
Town of Monroe Comprehensive Plan Update.
(3)
The principal use of the daycamp shall be intended for the seasonal,
daily attendance of children between the ages of four and 18 and not
for overnight occupancy.
(4)
The Planning Board may allow overnight occupancy as an incidental
use for recreational, social, and cultural purposes, where non-winterized
sleeping accommodations are provided for said use, and no heating
or plumbing facilities are installed that permit residential year-round
occupancy. The maximum continuous timeframe that overnight occupants
may utilize the camp during a single season is two weeks, and a registration
shall be kept to demonstrate compliance with same. Covenants precluding
such occupancy shall be recorded in the County Clerk's office. The
density of bungalows or tent stands or such other structures shall
not exceed one dwelling unit per gross acre.
(5)
Trailer or recreation vehicle campers' facilities nor accommodations
of any sort shall be offered for transient or overnight camping.
(6)
All recreational facilities, activity areas, and bungalows or tent
stands shall be set back no less than 50 feet from any property line,
but the Planning Board may increase said setback by more than 50 feet
where it determines same is necessary to protect the health, safety
and welfare of adjoining residences or residential zoning districts.
The setback shall consist of evergreen or deciduous trees or shrubs
to provide full visual screening during the time of the camp's occupation.
Where existing vegetation does not meet this requirement, the Planning
Board shall require that additional landscaping be provided.
(7)
Recreational facilities are allowed as accessory uses and include
but are not limited to swimming pools, tennis courts, playgrounds,
ballfields, and similar facilities.
(8)
Lighting. If outdoor lighting is provided for any of the foregoing
recreational facilities, including swimming pools, which permits use
of the facilities after 10:00 p.m., the applicable setback requirements
for such facility shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property
and shall not exceed 15 feet in height.
(9)
Noise. A public-address system or any other amplified noises are
prohibited.
(10)
Existing child daycamp. Nothing herein shall require a preexisting
child daycamp to obtain a special use permit or require the relocation
of preexisting buildings or structures. At such time that a preexisting
child daycamp submits a special use permit for expansion or alteration
of the use, the new facilities shall comply with these standards.
(11)
Within a residential zoning district, this special permit use
is allowed an additional twenty-percent lot coverage over what is
otherwise allowed for a single-family detached dwelling, without or
with central sewer facilities, depending on whether the use is served
by central sewer.
J.
Gathering place. The following provisions shall apply to a gathering
place.
(1)
Any single-family detached dwelling may be used as a gathering place.
(2)
The owner or the tenant, consisting of an individual or family, must
reside on site.
(3)
The lot size should conform to the requirements of the zone in which
it is located. Any variances granted in the approval of the original
lot and structure will be deemed conforming.
(4)
Gathering places must comply with all applicable sections of the
then-current New York State Uniform Code.
(5)
All applicable sections of the then-current New York State Uniform
Code will be used to determine potential maximum occupancy limits.
(6)
Occupancy will be determined upon review of the narrative provided
with the special permit application and the specifics of the site.
There is no guarantee that the maximum occupancy calculated pursuant
to the then-current New York State Uniform Code will be permitted
as it is subject to substantive and reasoned review by the Planning
Board to determine the appropriate maximum number.
(7)
The narrative shall include a general description of the proposed
use including the days and times of operation. In addition, a floor
plan shall be provided indicating the location of the area(s) where
assembly will occur and providing the additional information as required
in the then-current New York State Uniform Code.
(8)
All plans shall be prepared by a New-York-State-licensed design professional.
(9)
The special permit will remain in effect for one year and must be
renewed upon expiration or it shall be deemed expired. An affidavit
of no change may be presented to the Building Inspector to allow for
renewal without the requirement of a further public hearing upon the
requested renewal. An affidavit of no change shall include a statement
granting permission for inspection by the Building Inspector/Fire
Code Official to ensure compliance with the occupancy and safety requirements
prior to renewal of the special permit. The Building Inspector/Fire
Code Official shall conduct an annual fire inspection prior to issuing
a renewal.
(10)
The permit is based upon the information submitted at the time
of application. Any change to the use, ownership and characteristics
as presented will necessitate filing for a revised permit for review
and determination. The existence of a prior permit is not a guarantee
of renewal. Applicants must demonstrate compliance with the conditions
of approval for renewal or in the event of a change in circumstances
obtain a revised site plan approval.
(11)
Parking. The applicant will first maximize parking spaces on
site. The applicant may count spaces available in driveways within
300 feet of the gathering site, provided letters of authorization
for these spaces are provided to the Planning Board and permission
to utilize such spaces is not withdrawn. These spaces are to be allocated
fully before on-street parking resources may be requested. No on-street
parking is permitted on state or county roads. The Planning Board
may count on-street parking spaces on other roads if it determines
that the request is consistent with public safety and does not violate
existing parking restrictions.
(12)
(Reserved)
(13)
Required number of parking spaces. The Planning Board shall
determine the required number of parking spaces, consistent with the
proposed assembly and then-current parking requirements for places
of assembly within the Town.
(14)
Lighting. Applicant should provide the minimum effective lighting
to permit safe operations. Low-level lighting or bollards are the
preferred lighting device for residential and task lighting.
(15)
The gathering place should maintain the appearance of a typical
residence to the maximum extent possible.
(16)
Signs are not permitted.
(17)
Grandfathering of existing gathering places without approvals
is not permitted. Anyone currently operating a nonpermitted gathering
place is required to file for special permit approval.
(18)
The applicant must comply with the requirements of the State
Environmental Quality Review Act (SEQRA).
(19)
The Town Board shall, from time to time by resolution, establish
fees for inspections, as well as issuance and renewal of permits issued
pursuant to this section.
K.
Golf course. No authorization for a golf course shall be granted
by the Planning Board in any district where authorized unless the
Board shall first determine that the location of such use will not
cause or create a nuisance to adjoining properties or to the surrounding
neighborhood and that such proposed golf course shall be located on
a lot at least 175 acres in size. A golf course may have a clubhouse
for guest members, and the Planning Board, in its discretion, may
permit sleeping guest room(s) for use exclusively by members.
L.
Hotel. No authorization for a building permit shall be granted by
the Planning Board unless the use meets the following standards:
[Amended 7-11-2022 by L.L. No. 5-2022]
(1)
The minimum lot area shall be two acres, and there shall be an additional
lot area of not less than 1,500 square feet per hotel guest unit beyond
the first 75.
(2)
Hotels may be occupied only on a transient basis, with the exception
of a single hotel guest unit which may be used for occupancy by employees.
(3)
No more than two hotel guest units shall be connected directly by
interior doors.
(4)
Each guest sleeping room shall have an area of at least 300 square
feet and shall be equipped with a bath facility with a shower or bath,
toilet and sink.
(5)
The following uses shall be permitted accessory to a hotel: recreation
facilities for the sole use of guests; office and lobby; breakfast,
meeting and/or conference rooms; fitness center; business center;
gift shop; sundries/snack shop; bar; lounge; a restaurant or restaurant,
with a total dining area not exceeding 10% of the total floor area
of the hotel.
(6)
A market analysis shall be submitted demonstrating that there is
a demand for said hotel space within a five-mile radius of its proposed
location, taking into consideration existing or approved hotels within
said area.
(7)
The Planning Board must find that the location is appropriate to
the character of its surroundings; that such hotel will not be detrimental
to the public health, public safety, morals and general welfare, and
its operations will not negatively impact any adjoining residential
zoning district or residential use by virtue of noise, lighting, odors,
or other operational characteristics.
(8)
Irrespective of the bulk requirements of the district in which it
is located, the maximum height of a hotel shall be four stories and
50 feet.
M.
Livestock. No authorization for a building permit shall be granted
by the Planning Board unless the use meets the following standards:
(1)
Livestock shall include goats, sheep, horses, mules and cattle and
similar animals, but shall specifically exclude poultry, hogs and
pigs.
(2)
Use of livestock shall specifically include the keeping, breeding,
raising and boarding of such animals, including the training and rental
of horses, riding instruction and horse shows and competitions.
(3)
Barns, silos and related farm buildings shall be permitted, provided
that such buildings conform to the yard requirements for principal
buildings.
(4)
No stable or similar animal housing, storage of manure or other odor-
or dust-producing substance or use or parking of vehicles shall be
permitted within 150 feet of any lot line.
N.
Membership club. No authorization for a building permit shall be
granted by the Planning Board for a membership club in any district
where authorized, unless the Board shall first determine that such
club will serve a purely social or athletic purpose; that it will
be operated on an annual membership basis and not conducted as a business;
that the nature of such club will not cause or create a nuisance to
adjoining properties or to its general neighborhood; and that such
proposed membership club does not contain any overnight accommodations.
Within a residential zoning district, this special permit use is allowed
an additional twenty-percent lot coverage over what is otherwise allowed
for a single-family detached dwelling, without or with central sewer
facilities, depending on whether the use is served by central sewer.
O.
Mobile home park. No authorization for a building permit shall be
granted by the Planning Board for a mobile home park in any district
where authorized unless the Board shall first determine that the location
of the park is compatible with the surrounding neighborhood and, in
addition to such other requirements of this chapter as may apply,
that the proposed use also meets the following standards:
(1)
Site standards.
(a)
Minimum size of mobile home park: 15 acres.
(b)
Minimum straight line distance between boundary lines of mobile
home parks: 1,500 feet.
(c)
Maximum number of units per acre: 5.25.
(d)
Maximum number of units permitted in any one mobile home park:
185.
(g)
Minimum distances of units from public streets or highways and
property lines.
(h)
Maximum lot coverage: 60%.
(2)
Parking. Each mobile home unit shall have two parking spaces assigned
to it.
(3)
Streets and roads.
(a)
All streets within the mobile home park shall be built in accordance
with the minimum construction standards for such established by the
Town Board from time to time and shall further conform to the design
standards contained in the Town of Monroe Planning Board regulations.
All streets in a mobile home park shall be paved to a width of at
least 30 feet; all streets that do not form a loop shall have a forty-foot
paved radial turnaround at their terminus and shall not be over 500
feet in overall length.
(b)
All roads may be offered for dedication as a public highway to the Town of Monroe. In the event that any roads are not offered for dedication or are not accepted by the Town, suitable legal agreements satisfactory to the Town Board shall be required which permanently assure the proper maintenance of all such roads by a property owners' association or otherwise. Notwithstanding the provisions of Subsection O(3)(a) hereof, any road offered for dedication to the Town of Monroe shall be constructed to the minimum standards set forth in Chapter A63 of the Code of the Town of Monroe to all Town highways.
(c)
Vehicular access facilities shall be adequate for the estimated
traffic to and from the site, so as to assure the public safety and
to avoid traffic congestion. Vehicular entrances and exits shall be
clearly visible from the street and at least 75 feet from any street
intersection.
(d)
Curbs. All streets shall be constructed with curbs at both sides
thereof.
(e)
Right-of-way width. The right-of-way for any street not dedicated
to the Town of Monroe shall be at least 30 feet. Any street dedicated
to the Town of Monroe shall have a right-of-way width of at least
50 feet.
(f)
Adequate streetlighting shall be provided by means of individual
lighting at each lot along one side of each street or by means of
conventional street lights placed at least every 500 feet along any
street.
(4)
Utilities, sewer and water facilities.
(a)
All utilities servicing any unit within the mobile home park
shall be installed underground in the manner prescribed by the applicable
regulations of the utility company and/or governmental agencies having
such jurisdiction.
(b)
Sewer and water facilities. All units within a mobile home park
unit shall be serviced by facilities of Orange County Sewer District
No. 1 or by a communal sewerage and water system duly approved in
accordance with the applicable terms of the Communal Water Systems
Use and Sewerage Systems Laws[1] of the Town of Monroe. No individual septic systems or
wells shall be permitted.
(5)
Stormwater drainage.
(a)
A mobile home park shall have adequate facilities for drainage
of surface and subsurface water.
(b)
Grading of the entire property shall be such as to facilitate
the safe and efficient drainage of surface water.
(c)
Gutters, culverts, catch basins, drain inlets, stormwater sewers,
approved combined storm sewers or other satisfactory drainage systems
shall be utilized where deemed necessary by the Planning Board.
(7)
Supplementary building regulations. Each mobile home lot shall have:
(a)
A driveway from the street 12 feet wide and a sidewalk 30 inches
wide and shall be provided from the mobile home unit to the street.
(b)
A mobile home stand capable of retaining the mobile home in
a fixed position. Such stand shall be adequately compacted and at
such elevation, distance and angle, in relation to the accessway,
as to facilitate the safe and efficient placement and removal of the
mobile home.
(c)
A four-inch concrete patio, with minimum dimensions of 10 feet
by 18 feet, located so as to provide safe and easy access from the
mobile home.
(d)
Skirts around each side of the mobile home unit.
(e)
Storage sheds for miscellaneous maintenance equipment, toys,
lawn furniture, bicycles and the like. Such shed may encroach into
any required yard area.
(f)
An inconspicuous fuel oil storage shelter, if fuel oil is used,
and suitable utility connections as specified.
(g)
Utility connections, including gas connection where provided,
shall be readily accessible at the mobile home stand and shall have
means for safe and efficient hookup to the mobile home.
(h)
A water supply connection shall be located a safe distance from
a sanitary drainage connection and shall not be subject to surface
drainage. Means shall be provided for a suitable watertight connection
and danger of freezing.
(i)
A sanitary drainage connection shall be at proper location relative
to the mobile home, and piping shall have a continuous grade to the
point of disposal. A drainage connection shall be provided with suitable
fittings to permit a watertight junction to be made with the mobile
home outlet.
(j)
A gas connection, if provided, shall have a suitable gastight
connection to the mobile home.
(k)
The electrical system connection shall provide at least 50 amperes
of current at 100 to 115/220 to 250 volts. The receptacle or terminal
box shall be of an approved weatherproof type. Such receptacle shall
have provision for an equipment ground.
(l)
A mobile home park shall contain facilities for the safe, efficient
and aesthetically pleasing manner of storage of required fuels.
(m)
Liquefied petroleum gas storage containers having a capacity
exceeding 125 gallons shall be located not less than 25 feet from
the nearest mobile home structure, building and lot line and shall
not be subject to damage from moving vehicles.
(n)
Fuel oil and other flammable materials shall be stored as not
to be a fire hazard.
(8)
Recreational and public facilities. The following facilities shall
be provided in a mobile home park:
(a)
An equipped recreation facility with an area of not less than
1/2 acre, with such equipment as may be deemed adequate by the Planning
Board under the circumstances of each application.
(b)
An adequate fire protection system, including fire lanes which
shall take into consideration the standards of the National Fire Protection
Association and the recommendation of the Town of Monroe Fire Prevention
Fire Bureau. Fire lanes shall be established along each street or
road within the mobile home park by prohibiting parking along one
side thereof for the entire length of each street. The mobile home
park shall adopt rules and regulations to ensure that no such parking
will be allowed.
(9)
Within a residential zoning district, this special permit use is
allowed an additional twenty-percent lot coverage over what is otherwise
allowed for a single-family detached dwelling, without or with central
sewer facilities, depending on whether the use is served by central
sewer.
P.
Multiple dwelling groups in UR-M District.
(1)
No authorization for a building permit shall be granted by the Planning
Board for a multiple dwelling group in any UR-M District unless it
meets the following standards:
(a)
The maximum density in dwelling units per acre for multiple
dwelling groups shall be 12 for efficiencies, 10 for one-bedroom units,
eight for two-bedroom units and five for two-bedroom-and-den or three-or-more-bedroom
units.
(b)
For senior citizen multiple dwelling groups, the densities in
dwelling units per acre shall be 14 for efficiencies, 12 for one-bedroom
and 10 for two-bedroom units.
(c)
All units in excess of two bedrooms shall be limited to five
dwellings per acre.
(2)
The maximum building height shall not exceed 35 feet or 2 1/2 stories.
(3)
The minimum lot area shall be five acres.
(4)
No building shall be erected nearer than 60 feet to any property
line, with the townhouses or patio homes on individual lots which
shall be located at least 25 feet from the interior front and rear
lot lines and 15 feet from side lot lines. This requirement shall
not prevent the common walls of attached dwellings from being located
on a property line nor from preventing one side wall of a patio home
from being located on a lot line.
(5)
No multiple dwelling group shall be located so as to have access
only to minor street or cul-de-sac.
(6)
There shall be a community sanitary plant and a community water supply
plant adequate to serve the development.
(7)
There shall be adequate provision of space between buildings on the
lot and of setbacks from driveways, if any, so as to assure ample
light, air and privacy, in the interests of public health, safety
and general welfare. The distance between any two buildings shall
not be less than the height of the higher of such two buildings.
(8)
Any parking or garage area, service or drying yard or recreation
area shall be screened so as to protect neighboring properties adequately,
as well as to assure an attractive environment within the multiple
dwelling group site.
Q.
Place of worship. No authorization for a building permit shall be
granted by the Planning Board unless the use meets the following standards:
(1)
A maximum floor area ratio (FAR) of 0.25 shall not be exceeded. The
FAR shall apply to all principal and accessory buildings and structures
applicable to the use.
(2)
The maximum development coverage shall not exceed 45%.
(3)
The use shall be located on a lot with no less than one acre.
(4)
All structures and parking shall be screened from adjacent properties
by evergreen plantings of sufficient height and diameter to substantially
eliminate noise and traffic. The width of the planting screen shall
not be less than 25 feet, and the Planning Board may require a wider
buffer to meet this objective.
(5)
All parking shall be screened by evergreen or other coniferous trees
no less than 2.5 inches in diameter breast height, or with a minimum
planting height of six feet, whichever is greater, which trees shall
be maintained at all times and replaced if damaged or otherwise destroyed
so as to inhibit their screening ability.
(6)
Parking requirements shall be determined based upon peak attendance, notwithstanding the frequency of any peak attendance event, and the number and layout designed in accordance with Article XII of the Zoning Chapter.
(7)
The place of worship shall maintain frontage on a major collector
as identified in the Town of Monroe Comprehensive Plan Update.
(8)
All structures shall be in harmony with the surrounding neighborhood
and be of a similar design aesthetic.
(9)
No parking or loading shall be permitted between the structure and
any street line on which the property fronts, although a drop-off
shall be permitted in the front yard. All loading and delivery areas
shall be located in the rear yard and shall be effectively screened
to a height to eight feet from all adjacent residential properties
and the public street.
(10)
Where the structure is a single-family detached dwelling, the
owner or tenant must reside on the site.
(11)
The structure must comply with all applicable sections of the
current New York State Uniform Code.
(12)
With the exception of waivers to the New York State Uniform
Code over which the Planning Board has no jurisdiction, the Planning
Board shall have discretion to waive any number of these conditions
to the extent necessary if same place a substantial burden on the
religious exercise of a person, religious assembly or institution.
(13)
Within a residential zoning district, this special permit use
is allowed an additional twenty-percent lot coverage over what is
otherwise allowed for a single-family detached dwelling, without or
with central sewer facilities, depending on whether the use is served
by central sewer.
R.
Public or private school. No authorization for a building permit
shall be granted by the Planning Board unless the use meets the following
standards:
(1)
The school shall be chartered by the Board of Regents.
(2)
The school shall maintain frontage on a major collector as identified
in the Town of Monroe Comprehensive Plan Update.
(3)
The school shall meet the standards published in the Manual of Planning
Standards for School Buildings, March 1998, as amended, published
by the State of New York, The State Education Department, Office of
Facilities Planning.
(4)
A maximum floor area ratio (FAR) of 0.25 shall not be exceeded. The
FAR shall apply to all principal and accessory buildings and structures
applicable to the use.
(5)
The maximum development coverage shall not exceed 45%.
(6)
The use shall be located on a lot with no less than one acre.
(7)
All structures and parking shall be screened from adjacent properties
by evergreen plantings of sufficient height and diameter to substantially
eliminate noise and traffic. The width of the planting screen shall
not be less than 25 feet, and the Planning Board may require a wider
buffer to meet this objective.
(8)
All parking shall be screened by evergreen or other coniferous trees
no less than 2.5 inches in diameter breast height, or with a minimum
planting height of six feet, whichever is greater, which trees shall
be maintained at all times and replaced if damaged or otherwise destroyed
so as to inhibit their screening ability.
(9)
Parking requirements shall be determined based upon peak attendance, notwithstanding the frequency of any peak attendance event, and the number and layout designed in accordance with Article XIII of the Zoning Chapter.
(10)
Within a residential zoning district, this special permit use
is allowed an additional twenty-percent lot coverage over what is
otherwise allowed for a single-family detached dwelling, without or
with central sewer facilities, depending on whether the use is served
by central sewer.
S.
Public utility building or structure; utility tower. No authorization
for a building permit shall be granted by the Planning Board for a
public utility building or structure or utility tower in any district
where authorized as a special use, unless the Board shall first make
the following determinations:
(1)
Such use will not include any storage yard, garage or repair shop.
(2)
Any request for installation of high tension electric transmission
lines shall be studied with respect to their impact on the community
and the possibility of damaging effects on surrounding properties
or of detriment to the public safety.
(3)
No installation of a natural gas regulator or transformer station
shall be made in any residential district if adequate service can
be provided by locating said transformer station in a business or
industrial district. All such installations shall have suitable screening.
T.
Self-service storage facilities. No authorization for a building
permit shall be granted by the Planning Board unless the use meets
the following standards:
(1)
Site and design requirements:
(a)
Circulation and access. If the site is fenced, the site access
drive shall have the fence and its gate set back a minimum of 40 feet
from the access road. Internal site circulation lanes shall be adequate
in dimensional cross-section, width and turning radii where applicable
to provide for the maneuverability of fire trucks. Aisle width shall
be a minimum of 23 feet for either one- or two-way traffic flows.
(b)
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Planning Board approval of the exterior finish of the same and other elements in Subsection T(1)(c). Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection T(1)(h).
(c)
Aesthetic, screening, landscaping and lighting. Care shall be
taken to provide an aesthetically pleasing, well-landscaped and maintained
facility and to avoid a monotonous or fortress-like appearance to
the extent that the facility may be visible off site. Required yards
shall be landscaped with a mix of trees, shrubs of varying sizes and
vegetative ground cover as appropriate to the site and as approved
by the Planning Board. The color, material and design of structures,
including their roof pitch, shall be reviewed by the Planning Board
as to their conformity with surrounding structures and community character
to the degree said structures are visible to other properties. Security
lighting shall be provided on the site but in no case shall lighting
be directed so as to cause a nuisance or hazard to other properties.
(e)
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, toxic, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site either by lessees of storage units or by the owners or operators of the site. Parking spaces required pursuant to Subsection T(3) may not be rented as nor used for vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection T(3) of this section may be provided for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft except that, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage shall be permitted subject to Planning Board approval. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles at a self-service storage facility.
(f)
Limits on unit size. The maximum size of a storage unit permitted
in a self-service storage facility is 600 square feet. In no case
shall a single tenant be permitted to rent or lease more than 1,800
square feet in a single, self-service storage facility.
(g)
Drainage. Adequate drainage control measures shall be provided
on the site so as to avoid increasing the existing rates of flow off
the site. Provision shall be made for protecting the quality of the
surface water runoff from the site both during the operation of the
site as well as during its construction.
(h)
Signs. The provisions of § 57-55 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. In no case shall any signage or other attention-getting devices be mounted to the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
(2)
Accessory uses. A leasing office for the purpose of leasing the units
within the self-service storage facility may be provided on the site.
A manager's apartment may be provided for the use of a resident, on-site
manager in addition to an accessory leasing office. The combined total
size of the manager's apartment and the leasing office may not exceed
1,200 square feet.
(3)
Parking requirements. Self-service storage facilities shall provide
a minimum of one parking space per 100 storage units, in addition
to one parking space per 200 square feet of gross office space for
the leasing office. Such parking spaces shall be located adjacent
to the leasing office. If an on-site manager's apartment is provided,
two parking spaces adjacent to said apartment shall be provided for
such use in addition to that required for the remainder of the facility.
(4)
Separation requirements. In order to avoid an excessive concentration
of such facilities in the Town of Monroe, self-service storage facilities
must be separated from the bounds of a lot containing any other existing
such facility or approved site for such a facility within the Town
of Monroe by 1,500 feet.
U.
Two-family
detached dwellings in 2F-O District.
[Added 4-17-2023 by L.L. No. 5-2023]
(1)
Wastewater. Under no circumstances may a lot be used for a two-family
dwelling unless that dwelling is connected to a public sewer or that
a licensed professional engineer certifies and the Town Engineer verifies
that based upon observed soil testing and review of a wastewater disposal
system designed by a New York State licensed professional engineer
that the lot may be occupied and the wastewater disposed of without
resulting in a danger to public health or personal property, and that
adequate separation distance is proposed to protect existing public
and private wells, and that the proposed system would not preclude
the viability for constructing a private well on any adjacent lot.
(2)
Single driveway. There shall be only one driveway shared by both
dwelling units with a maximum width of 24 feet at any point within
the front yard. A continuous circular driveway may be permitted, so
long as the driveway is accessible at all points to both units.
(3)
Protection of woodland character. Except as necessary to provide
a driveway and utility connections, there shall be no grading or removal
of natural vegetation for the first 50% of the required front yard
closest to the front lot line. The Planning Board may require reasonable
assurances including a landscape plan, conservation easement or other
such assurances as are necessary to maintain the woodland character
of this area of the Town. Where a lot has been cleared of trees and
is proposed for use as a two-family dwelling, the Planning Board shall
require supplemental plantings to restore the natural wooded appearance
of the front yard.
