The Town Board finds that special action is required to address
the unique problems and concerns for this area, including but not
limited to concerns regarding the existing and potential disinvestment
in the residential properties located in this area, the high volume
of traffic experienced by properties adjacent to Monroe Avenue, the
proposed demolition of architecturally significant structures and
recent zoning variances granted which are not conducive to supporting
the expressed community desire to maintain and protect the residential
quality of this area. In order to support and protect the health,
safety and welfare of the residents of this corridor, and the Town
as a whole, this article is adopted.
The Monroe Avenue Transitional Zone (MATZ) is created as a separate
zoning district to encourage the continued residential uses associated
with this district, to protect the established residential character
and inherent natural features of the district and to offer incentives
for property owners to maintain and improve their properties in a
manner that protects the residential quality of the district. This
article is designed specifically to retain, strengthen and enhance
the attractive and harmonious residential neighborhood and natural
communities existing within the boundaries of the district.
The Official Zoning Map is amended to include the bounds of
the MATZ District. The MATZ District generally extends northwesterly
along Monroe Avenue from the bridge over the canal at the village/Town
boundary through French Road and the beginning, immediately past that
intersection, of a commercial zone. The MATZ district replaces any
of the former zoning districts located within the MATZ district.
As used in this article, the following terms shall have the
meanings indicated:
Any structural or decorative component visible from a public
way, which, considered either individually or collectively, contributes
to the aesthetic composition of the structure.
The razing of any existing residential structure, including
substantial removal of structural building components so as to cause
an effective removal of an existing residential structure. Demolition
does not include partial removal of structural elements to facilitate
restoration.
Those residences and their accessory uses, accessory buildings
and structures appurtenant thereto, including additions, which were
present on a site, existing and complete as of January 1, 2000.
Any portion of a property within the "area of special flood hazard," as defined in Chapter 95 of this Code.
Measures by which the requirements for compliance with the
purpose and intent of this article can be determined. These standards
may include, but not be limited to, empirical measures of traffic
or noise generation, or subjective observations of architectural compatibility
and landscape preservation, and similar aesthetic determinations.
Any change to a use, other than single-family residential
or permitted accessory uses thereto, or to the land or landscape elements
associated with such change.
An area where the natural vegetation, including trees, shrubs
and smaller plants, are preserved and maintained in a natural state
so as to provide visual screening and noise mitigation from abutting
uses.
The following uses are permitted:
The following uses are prohibited or limited:
The following provisions are applicable to all properties within
the district, except for those provisions which are identified as
applicable only to those properties seeking special use permit approval
for a change in use. To the extent that any property does not comply
with these requirements as of the effective date of this article,
it shall be considered a preexisting nonconforming use or condition,
subject to the limitations applicable to such uses or conditions as
are contained in this Code or otherwise under law.
A.
Appearance of buildings and grounds. The architectural and general
appearance of all buildings and grounds shall be in keeping with the
character of the neighborhood, and such is not to be detrimental to
the public health, safety and general welfare of the community in
which such use or uses are located. All extra building facade and
site modifications shall conform to the Monroe Avenue Design Guidelines,
dated April 2, 2002, as amended and supplemented.[1]
[1]
Editor's Note: The Monroe Avenue Design Guidelines are on
file in the Town Clerk's office.
B.
Lot and bulk requirements. The following shall be applicable to all
lots and use conversions/site modifications in the MATZ Zone:
(2)
Dwelling size. Each single-family dwelling shall provide a minimum square foot area on each floor of the dwelling as follows (For descriptions of each dwelling type and method of measurement, see § 185-129.):
(a)
Each Type I dwelling shall provide 1,200 square feet on the
first floor.
(b)
Each Type II dwelling shall provide 1,000 square feet on the
first floor and 500 square feet on the second floor.
(c)
Each Type III dwelling shall provide 800 square feet on the
first floor and 640 square feet on the second floor.
(4)
Height. The maximum permitted height of any structure or dwelling
is 30 feet, except that chimneys attached to such structures may extend
five feet above the highest point of the building.
(5)
Lot coverage. The maximum lot coverage shall not exceed 20%
of the total area of the property. Lot coverage includes all improved
surfaces, buildings, driveways, porches, decks, patios, pools and
other, similar lot improvements.
C.
Other performance standards.
(1)
Wooded landscape buffer.
(a)
With the exception of routine, seasonal maintenance or minimal
clearing for utility connections, no trees and/or shrubs shall be
trimmed or removed from the area within the wooded landscape buffer
on any parcel. The dimensions of the buffer are as follows:
(b)
Notwithstanding the foregoing, however, the Planning Board may,
during the site plan review process, require the replacement, preservation
and/or planting of larger wooded landscape buffer areas to screen
parking, refuse storage or similar uses from abutting properties to
advance the purposes of this Code.
(2)
Where Design Review and Historic Preservation Board review is
required by this chapter, such Board, in addition to any other general
or specific standards it would apply in any other application, shall
consider and apply the following specific considerations:
(a)
The project shall respect the existing architectural and landscape
design of the existing residential setting, considering the overall
context of the site and building in terms of its history, surroundings
and the aesthetic sense of its original designer and builder.
(b)
Any improvements shall be completed in a residential style and
shall be compatible with the adjacent structures and neighborhood.
(c)
The project, including landscaping, shall feature elements of
a residential scale, proportion and landscaping.
(d)
For those projects seeking a special use permit, no conversions/site
modifications shall result in more than a total five-percent increase
in nonresidential square footage of any structure on any lot within
the MATZ Zone.
(e)
New construction of a residence shall be designed to complement
the architectural and landscape design of the district.
(3)
Parking. For those projects seeking a special permit, all parking
facilities shall:
(4)
Traffic generation. For those projects seeking a special use
permit, no use shall exceed an average daily traffic generation of
20 vehicle trips per day. Trip generation shall be determined by the
Planning Board using published professional manuals and other reliable
sources. The Planning Board may require vehicle or pedestrian interconnections
between properties, subject to a special permit review, in order to
protect the safety of the public and to reduce congestion on Monroe
Avenue.
(5)
Change of use. No specially permitted use may be changed to
any other use without review of such change by the Code Enforcement
Officer. Such review shall determine that the proposed new use would
be allowed as a specially permitted use and to what extent, if any,
mitigation of the impact of such use would be necessary. The Code
Enforcement Officer may counsel with and receive guidance from the
Planning Board to make these determinations.
A.
Intent. In order to advance the purposes of this District, certain
uses will be allowed through a special use permit process by the Planning
Board. In addition to the general special use permit requirements
of the Zoning Code, a special use permit is only appropriate under
this section for those circumstances where the applicant can demonstrate
that the residential character and scale of the district are conserved
through the proposed project. Special use permits may be granted only
for the following uses:
(1)
The adaptive reuse of a residential structure existing prior
to January 1, 2000, for small-scale offices for a business, professional
organization, administrative sales, insurance, the design and graphic
arts, art studio, photo studio, licensed therapy or similar organization
having only limited contact with the general public.
(2)
Multiresident senior or retirement housing, bed-and-breakfast
overnight facilities and attached housing.
B.
Application process. The provisions of Articles XXV (Special Use Permits) and XXIX (Site Plan Approval) are incorporated herein.
(1)
Special use permits. The application and approval processes for special use permits by the Planning Board required under the provisions of this article shall conform to and follow the provisions of Article XXV (§ 185-170 et seq., Code of the Town of Pittsford), and to the requirements contained in § 185-39.7.
