[Amended 9-1-2021 by L.L. No. 3-2021]
Permitted uses in A Districts shall be as follows:
B. Farms and customary agricultural operations in connection therewith,
but excluding, within 100 feet of any lot line, any stabling of a
farm animal, storage of manure or other odor- or dust-producing substance
or use.
C. Public parks, playgrounds and similar recreational areas and structures
not operated for gain.
D. Home occupations pursuant to Article
VII, Home Occupations, of this chapter.
E. Accessory structures as set forth in §
340-14.
F. Churches, schools and institutions of higher education, hospitals, libraries, cemeteries and governmental buildings, provided that off-street parking shall be provided as set forth in §
340-29.
G. In R2 Residential only, two-, three- and four-family dwellings and nursing homes; provided, however, that for the remodeling or construction of any of the dwellings, houses or buildings set forth in this subsection or Subsection
F above, a special permit shall be obtained from the Zoning Board of Appeals as is set forth in §
340-16.
(1) Four-family dwellings, in addition to requiring a special permit,
shall meet the following conditions:
(a)
That viewed from any one of the four sides of the building,
the building appears to be no more than a two-family dwelling.
(b)
That the footprint of the building, exclusive of any attached
garage, be no less than 2,000 square feet and no greater than 2,400
square feet.
(c)
That they be two-story buildings.
(d)
That, at a minimum, each unit shall have two bedrooms.
(e)
That the only accessory structures permitted are motor vehicle
garages or maintenance buildings designed in the same manner as motor
vehicle garages.
(f)
For each residential dwelling unit, including any units on the
parcel, including four-family units, there shall be at least 6,500
square feet of land.
(g)
Setbacks:
[1]
Each four-unit building shall be at least 30 feet from any other
building containing residential dwellings.
[2]
The minimum side setback shall be 15 feet.
[3]
The minimum rear setback shall be 30 feet.
[4]
The minimum area for dwelling units shall be as follows:
[a] Two-bedroom: 800 square feet.
[b] Three or more bedrooms: 1,000 square feet.
(h)
That the design of the buildings be approved by the Zoning Board
of Appeals as part of the development approval process. The following
standards shall be used by the Zoning Board of Appeals:
[1]
Parking shall be designed such that it is in the rear of the
structure. The parking areas shall be screened from the nearest dedicated
road. There shall be a minimum of four spaces, including garages,
for each unit.
[2]
Screening may be required to provide a transition from single-family
uses and commercial uses to the four-family uses. Screening shall
consist of trees, shrubs or other plantings, where practical. The
use of fences as a screening method for these purposes is discouraged.
[3]
Trash and garbage disposal. Any common facility shall be enclosed
to prevent children and nonresidents from accessing the area. The
area shall also be suitably screened, which screening may be either
natural or fencing as approved by the Zoning Board of Appeals.
[4]
Material. The exterior of the buildings shall be designed to
blend into the neighborhood.
[a] Building walls shall be faced with any of the following:
wood clapboard, wood shingle/shake, wood board and batten, stone or
clay brick. Architect-grade vinyl and simulations of the materials
contained in this section may be deemed approved if the Zoning Board
of Appeals Board finds that such materials are appropriate.
[b] The following are prohibited: stucco, concrete
block, and T-111.
H. In R3 Multiresidential, all uses permitted in R1 and R2 Districts, except major home occupations, together with multiple-unit residential dwellings not more than two stories in height exclusive of habitable basement space; provided, however, that such multiunit residential dwellings shall not be erected, altered or reconstructed unless in conformity with §
340-16.
I. In-law apartments.
(1) Intent. To promote family cohesiveness, aging in place, and as an
alternative to senior housing or assisted living facilities, it is
the intent of this section to allow related parties of different generations
to live together where the need and desire exist, so long as the proposed
living arrangement is not outweighed by an adverse impact upon the
community, particularly the proliferation of unlawful rental units.
These units have become known as "in-law apartments."
(2) Standards. A separate dwelling unit within or attached to another dwelling (existing or to be built), not otherwise allowable under this chapter, is allowable by temporary special permit issued by the Zoning Board of Appeals in accordance with Article
IX of this chapter in the R1 Zoning District and for single-family dwellings in the PRD Zoning Districts, provided that:
(a)
The in-law apartment is occupied by parents, grandparents, siblings
of grandparents or parents, children or grandchildren, by blood or
by marriage.
(b)
The home is occupied by at least one owner.
(c)
Dimensional requirements of this chapter are otherwise met for
an attached unit or for new construction.
(d)
Separate utility meters are not permitted.
(e)
The gross floor area of the in-law apartment shall not exceed
900 square feet. All new construction or additions to existing residential
structures shall not exceed 700 square feet.
(f)
The Zoning Board of Appeals may impose reasonable conditions
granting a special permit, including the number of parking spaces
(except that there shall be a minimum of one additional required space
for the in-law unit).
(g)
Safety, health and building codes are met.
(h)
In order to become effective, the special permit granted under
this section shall be recorded by the applicant at the Monroe County
Clerk's office, and a copy of the recorded permit shall be provided
to the Building Inspector, who shall issue a certificate of occupancy
if he or she finds compliance with this section.
(i)
In the 60th month following the grant of a special permit hereunder, the homeowner shall certify, under penalty of perjury, that Subsection
I(2)(a) herein is still being complied with and shall file this certification with the Building Inspector. The Building Inspector may renew the certificate of occupancy one time for an additional sixty-month period.
(j)
The special permit shall expire:
[1]
If the certification is not filed pursuant to Subsection
I(2)(h) herein; or
[2]
If the in-law apartment ceases to be occupied as provided for
herein; or
[3]
At the expiration of 10 years from its granting unless the Zoning
Board of Appeals shall renew it upon application.
(k)
Where new kitchens/kitchen appliances have been added, they
shall be removed within six months of the expiration of the special
permit.
(l)
Any certificate of occupancy containing the designation "in-law
apartment" which has heretofore been issued without a special permit
from the Zoning Board of Appeals shall be deemed to have complied
with the provisions of this subsection, and the commencement period
for the initial five years shall be January 1, 2012.
In A Districts (residential), no residential building shall exceed 35 feet in overall height. Accessory structure heights are defined in §
340-14.
This section is intended to regulate all structures other than
the principal residence (dwelling) and private garages that are attached
to the dwelling by a common wall or covered areaway (breezeway). Open,
temporary structures (i.e., swing sets, activity centers) are not
regulated. Driveways and sidewalks are not considered part of Class
IV structures.
A. Uses. No business, occupation, service, materials for resale or residence
shall be permitted in an accessory structure.
B. Classification. For purposes of this section, accessory structures
shall be classified as follows:
(1) Class I: structures less than or equal to 120 square feet.
(2) Class II: structures greater than 120 square feet.
(3) Class III: open structures, the purpose or use of which is other
than for the storage of goods (i.e., deck, gazebo, screenhouse).
(4) Class IV: grade level platform structures (i.e., patio).
C. Only one Class I structure shall be allowed per lot.
D. Only one Class II structure shall be allowed per lot.
E. Maximum size of a Class II structure, as measured by the ground floor
area, shall be 1,000 square feet.
F. All structures, except Class IV (grade level platform) and Class
V (swimming pools) structures must be located to the rear of the front
line setback and not nearer than five feet to the sidelines or rear
lines. If erected on a corner lot, the accessory structure shall not
be located nearer than five feet to the sideline and rear line and
shall not be placed any closer to the street than the setback for
houses on either street.
G. All Class V (swimming pools) structures must be located not less
than six feet from any sideline or rear line, except that the distance
from any other building or structure on the premises shall be not
less than 10 feet, all measurements taken to the water's edge.
H. Maximum height of Class I and Class III structures shall be 15 feet.
I. Maximum height of Class II structures shall be 17 feet.
J. All structures, except Class IV (grade level platform) structures
require permits to be issued by the Village Building Inspector.
K. Percentage of lot occupancy (including residential building and accessory
structures) shall not exceed 25% of the area of such lot.