A.Â
Interpretation. In their interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specifically provided to the contrary,
it is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any rules, regulations or permits
previously adopted or issued pursuant to law relating to the use of
buildings, structures, shelter or premises, nor is it intended by
this chapter to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction upon the use
of a building or premises or requires larger open spaces than are
imposed or required by any other statute, ordinance, rule, regulation
or permit or by any easement or agreement, the provisions of this
chapter shall control.
B.Â
Conflict. In the event of conflict in the terminology
of any section or part thereof of this chapter, the more restrictive
provisions shall control.
C.Â
Control. In addition, if at any time subsequent to
the effective date of this chapter it shall be determined that any
other ordinance of the Village of Monroe or any part thereof shall
be inconsistent with or in conflict with any provision of this chapter,
this chapter shall control and any such inconsistent or conflicting
provision of any other Village ordinance shall be deemed to be repealed
as of the effective date of this chapter.
A.Â
Unless otherwise listed below, the numbers, abbreviations,
terms and words used herein shall have the meanings of common usage
as set forth in the New York State Building Code, the International
Building Code, the New York State Uniform Supplement, or the latest
edition of Webster's New Collegiate Dictionary. Terms of law shall
have the meanings as set forth in the latest edition of Black's Law
Dictionary.
[Amended 6-13-2017 by L.L. No. 5-2017]
B.Â
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the masculine gender shall include the feminine, and the feminine gender shall include the masculine; the word "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the attainment of the purposes set forth in Article I; and the words "this chapter" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C.Â
The word "person," as used in this chapter, shall
be defined to include, but not be limited to, an individual, a partnership,
a joint venture, a corporation, an unincorporated association, trusts,
a firm or any other form or entity, contractors, subcontractors, or
journeymen.
D.Â
The word "occupied" or "used," as applied to any building,
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used, maintained, made available or
offered for use, or erected, reconstructed, altered, enlarged, renovated,
moved or rebuilt with the intention or design or using the same."
E.Â
"Shall" is always mandatory, except when applied to
public officials, in which event "shall" is directory. The word "may"
is permissive. "Time requirements" shall, nevertheless, be considered
mandatory.
F.Â
The word "lot" includes plot.
As used in this chapter, the following terms
shall have the meanings indicated:
A self-contained housekeeping unit, including a separate
kitchen, which is developed as an accessory use to the primary use
of a single-family residence.[1]
[Amended 6-13-2017 by L.L. No. 4-2017]
A structure subordinate to and on the same lot as a principal
building, which is customarily used for purposes that are incidental
and subordinate to those of the principal building or use. An accessory
structure attached to the principal building is deemed to be part
of such principal building in applying the bulk requirements.
[Added 6-13-2017 by L.L.
No. 5-2017]
A customary use which is clearly incidental and subordinate
in both its size and impact to the principal use, and located on the
same premises or lot as the principal use.
[Added 6-13-2017 by L.L.
No. 5-2017]
Physically touching or bordering upon or sharing a common
property line or major portion thereof.
The cultivation of soil for food products or other useful
or valuable growths in the field or garden, exclusive of facilities
for display of products and marketing on the premises, whether wholesale
or resale. "Agriculture" shall be deemed to also include poultry or
livestock production or breeding and the raising of cattle for the
purpose of milk production.
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extension of any side, or by increasing
in height, or in the moving of a structure from one location or position
to another.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
Emergency medical services dedicated to providing out of
hospital acute medical care, transportation to medical care, and other
medical transport.
[Added 6-13-2017 by L.L.
No. 5-2017]
A major retail store used to drive business to smaller retailers.
These larger stores or grocery stores are generally part of a retail
chain and are the prominent business in a shopping mall.
[Added 6-13-2017 by L.L.
No. 5-2017]
A retail use engaged in the sale, loan or display of art
books, paintings, sculpture, or other works of art. This use shall
not include libraries and museums.
[Added 1-15-2019 by L.L.
No. 2-2019]
A studio or other space used by an artist or artisan for
the development, display, and sale of art or the instruction in a
personal artistic skill in fine arts, crafts, dance or music.
[Added 1-15-2019 by L.L.
No. 2-2019]
Any visual message incorporated in an awning attached to
a building.
That portion of a building included between the surface of
any floor and the surface of the floor next above, where the following
thresholds are not exceeded:
[Amended 6-13-2017 by L.L. No. 5-2017; 5-18-2021 by L.L. No. 4-2021; 9-14-2023 by L.L. No. 11-2023]
The distance between the finished floor and the finished floor
above is no more than 12 feet.
The midpoint between the finished floor and the surface of the
finished floor next above is less than one foot above the grade plane,
and less than one foot above the average pre-construction grade adjoining
the building.
The finished surface of the floor next above is no more than
six feet above grade plane, nor more than six feet above the average
preconstruction grade adjoining the building.
The finished surface of the floor next above is no more than
12 feet above the finished grade at any point nor more than 12 feet
above the preconstruction grade adjoining the building at any point.
The floor next above is not a basement floor (only one basement
shall be allowed per building.)
The renting of not more than five rooms in an owner-occupied
dwelling for overnight accommodations and serving of breakfast to
not more than 10 casual and transient roomers, provided that the renting
of such rooms for such purpose is incidental and subordinate to the
principal use of the dwelling. The bed-and-breakfast use shall at
no time be construed as a dwelling unit.
[Amended 6-13-2017 by L.L. No. 5-2017]
A sign which directs attention to a business, commodity,
service, entertainment or attraction conducted, sold, offered or existing
elsewhere than on the same lot where such sign is displayed or not
for the principal use of such lot.
A tract of land or lot or group of lots bounded by streets,
public parks or parkways, railroad rights-of-way, the Ramapo Creek
or other watercourse or body of water, unsubdivided land or a boundary
line or lines of the Village of Monroe, other blocks, or any combination
of the above.
That portion of a block which abuts a single street.
A dwelling unit used for temporary occupancy purposes by
two or more individuals not constituting a family or functional family
unit who normally pay based on a share of total expenses of the dwelling
unit, or other personal, financial, or other services in exchange
for boarding. The term includes the term "rooming house," "tourist
homes," and "residential hotels" but does not include a motel, hotel,
bed-and-breakfast, or group residence as defined by Title 18 and regulated
by the New York State Department of Social Services. Single-room occupancies
are deemed boardinghouses.
[Added 9-14-2023 by L.L. No. 9-2023]
An area of specified dimension extending between a rear or
side property line or a zoning district line and a required yard.
The "buffer" shall not be used or otherwise encroached upon by any
activities on the lot so as to provide for adequate separation and
protection from otherwise inharmonious or incompatible uses.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
The total area of a lot covered by all buildings, except
for porches, patios, steps and similar appurtenances.
[Amended 6-13-2017 by L.L. No. 5-2017]
That department and its employees as established by the Village
Board of the Village of Monroe.
[Added 6-13-2017 by L.L.
No. 5-2017]
The official duly appointed by the Village Board to perform
the functions of the Building Inspector for the Village. The term
shall include any appointed Assistant Building Inspector.
[Added 6-13-2017 by L.L.
No. 5-2017]
A temporary outdoor sign, including stickers, banners, and
posters advertising the name of a candidate for election to public
office, which may or may not include the name of a political party.[3]
[Amended 6-13-2017 by L.L. No. 5-2017]
A facility for washing standard passenger vehicles. Such
facility may include related services, including vending machines,
pet wash facilities and vacuum and carpet shampooing kiosks.
[Added 6-13-2017 by L.L.
No. 5-2017]
Official certification that a building or structure conforms
to the submitted plans and specifications and the New York State Uniform
Fire Prevention and Building Code.
[Amended 6-13-2017 by L.L. No. 5-2017]
Official certification by the Building Inspector that a building
or structure conforms to this chapter and the New York State Uniform
Fire Prevention and Building Code.[4]
[Amended 6-13-2017 by L.L. No. 5-2017]
Any use which differs from the previous use of a building,
structure or parcel of land.
An area or building to which the public comes to participate
in athletic or recreational activities, whether or not such activities
are supervised or organized. Such areas include publicly owned, operated
and maintained parks, athletic fields, playgrounds, picnic areas,
etc.
A building separated on all sides from adjacent open space
or from other buildings by fixed exterior walls or party walls, pierced
only by windows and entrance or exit doors and covered by a permanent
roof.[5]
A building used for the accommodation and care of persons
recuperating from illness or injury.
[Amended 6-13-2017 by L.L. No. 5-2017]
A retail business that is designed and stocked primarily
to sell nondurable consumer products, including, but not limited to,
groceries and household supplies, prepared and packaged foods and
beverages, nonprescription pharmaceuticals, newspapers, magazines
and sundries to customers who purchase only a relatively few items.
[Amended 6-13-2017 by L.L. No. 5-2017]
A corner lot is a lot having frontage on two separate streets.
Front yards are required on both street frontages. One yard other
than the front yards shall be deemed to be a rear yard; and the remaining
yard shall be deemed to be a side yard. See diagram below.
[Added 6-13-2017 by L.L.
No. 5-2017]
 |
A space either on the ground or above, except a main roof,
situated on the same lot with a building and which is unoccupied and
open to the sky and not a front yard, side yard or rear yard.
That line formed by the face of a curb and a street pavement
at the point of intersection and running the full length of the curb.[6]
Premises which operate on a regular basis to provide daytime
care or instruction for two or more children.[7]
An outdoor platform attached to the principal structure of
a building and built above the natural grade.
[Added 5-18-2021 by L.L. No. 4-2021]
Various species of animals which normally and conventionally
reside in residential dwellings or adjacent thereto and require an
outside area for defecation and exercise.[8]
[Amended 6-13-2017 by L.L. No. 5-2017]
A facility that permits customers to obtain goods and/or
receive services while remaining in their motor vehicles. Includes
but is not limited to banks, pharmacy, and fast-food restaurants.
[Added 6-13-2017 by L.L.
No. 5-2017]
A lot or land or part thereof used for disposal by means
of abandonment, dumping, burial or any other means, for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or part thereof, sludge or any other discarded material, including
solid, liquid, semisolid or contained gaseous materials resulting
from industrial, commercial, mining and agricultural operations and
from community activities. It shall also include any facility or site
that is utilized in the manner contemplated by Article 27, Title 9,
of the Environmental Conservation Law.[9]
A building used exclusively for residential purposes by one
or more families living independently of each other upon the premises.
A freestanding building containing one dwelling unit only.
Also referred to in this chapter as a "one-family detached dwelling."
[Amended 6-13-2017 by L.L. No. 5-2017; 5-18-2021 by L.L. No. 4-2021]
Two dwellings placed side-by-side or vertically, both of
which are on a lot which is unoccupied by any other dwelling unit.
[Added 6-13-2017 by L.L.
No. 5-2017]
A building or portion thereof containing a cooking area (including
all types of cooking appliances), bathroom, dining, sleeping, sanitation,
and related facilities necessary and/or incidental to human habitation,
designed and intended as a self-contained unit for one functional
family unit. All rooms in a unit must have internal structural connections
such as internal doorways or internal stairs.
[Amended 6-13-2017 by L.L. No. 5-2017; 9-14-2023 by L.L. No. 9-2023]
Water bodies in excess of one acre in size or with a mean
depth of eight feet or more; wetlands that are designated for protection
by the New York State Department of Environmental Conservation or
the National Wetlands Inventory of the United State Department of
the Interior; streams that flow year round or intermittently that
appear on the 7.5 minute quadrangle series of topographic mapping
of the United States Geological Survey; floodplains designated as
zones A and B on the Flood Insurance Rate Maps of the Federal Emergency
Management Agency; stormwater retention areas as constructed in accordance
with a site plan approved by the Planning Board; and alluvial and
organic soils as mapped and characterized in the Soil Survey of Orange
County, New York prepared by the United States Soil Conservation Service.
The average setback on each street on which a lot front established
by three or more buildings within the same zoning district, within
300 feet on each side of such lot along the same side of the street,
but not beyond any intersection.[10]
Such fee or fee schedule as may be adopted from time to time
by resolution of the Village Board.[11]
Any structure regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or to divide a piece of land into distinct portions.
A change or adjustment to an approved site development plan,
due to field conditions, that will not substantially alter the intent,
layout or design of the approved plan.
The area around a building that is designated a no-parking
zone to permit access by emergency vehicles.
Fire stations, owned and operated by local fire districts,
containing firefighting apparatus and equipment.
[Added 6-13-2017 by L.L.
No. 5-2017]
The sum of the gross horizontal areas of the several floors
of a building or dwelling unit. All dimensions shall be measured between
exterior faces or walls. In calculating floor area for off-street
parking requirements, the floor areas of all buildings on a lot shall
be considered.
The gross floor area of a dwelling to be regulated herein,
divided by the gross lot area. For purposes of this bulk requirement,
"gross floor area" shall be the sum of the gross horizontal areas
of the stories of a dwelling unit measured to the exterior of the
outside faces or walls of buildings, including any livable floor area
within any attic, basement or enclosed porches. Accessory detached
garages of less than 480 square feet and other accessory detached
buildings of less than 144 square feet shall not be included.
[Added 5-18-2021 by L.L. No. 4-2021; amended 9-14-2023 by L.L. No. 11-2023]
A business establishment serving food or drink to be consumed
either on premises or take-out, but with no table service.
[Added 6-13-2017 by L.L.
No. 5-2017]
A single individual, or a group of two or more persons not
necessarily related by blood, marriage, or adoption, living, sleeping,
cooking and eating in and otherwise occupying one dwelling unit as
a single unit and who function as a family with respect to those characteristics
that are consistent with the purposes of zoning and use restrictions
in residential neighborhoods. Notwithstanding the provisions of this
definition, a group of unrelated persons shall be considered a functional
family unit upon a determination by the Zoning Board of Appeals that
the group is the functional equivalent of a family pursuant to the
standards enumerated below. This presumption may be rebutted, and
the unrelated individuals may be considered the functional equivalent
of a family for the purposes of this article by the Zoning Board of
Appeals if such group of individuals exhibits characteristics consistent
with the purposes of zoning restrictions in residential districts.
In determining whether a group of unrelated persons constitutes a
family for the purpose of occupying a dwelling unit, as provided herein,
the Zoning Board of Appeals shall utilize the standards enumerated
herein in making said determination. Before making a determination
under this subsection, the Zoning Board of Appeals shall hold a public
hearing, after public notice. In determining whether individuals living
together are a functional family unit, the following criteria shall
be considered:
[Added 9-14-2023 by L.L. No. 9-2023]
A functional family unit is distinguished from two or more persons
occupying a boardinghouse, rooming house, dormitory, residence hall,
fraternity or sorority.
For a group of two or more unrelated persons to operate as a
functional family, they must regularly share the common dwelling areas,
including dining areas, cooking areas, and social spaces.
For a group of two or more unrelated persons to operate as a
functional family, they must do so with a measure of stability characteristic
as set forth below.
Such stability is presumed present if at least four of the following
conditions are met:
The presence of one or two adults residing in the unit with
either or both acting as a head of household.
In the circumstance that all members of the household are senior
citizens, the responsibilities of head of household may be shared.
The presence of one or more minor children regularly residing
in the household as dependent(s) of one or more adult occupant(s)
of the household.
Sharing of expenses for food, rent or ownership costs, utilities
and other household expenses.
Common use or ownership of furniture, appliances and other household
furnishings and supplies among the members of the household.
Employment of members of the household in the region, or active
pursuit of such employment.
Utilization of the address of the dwelling by adult members
of the functional family for purposes of voter registration, or driver's
license, motor vehicle registration, passports, bank accounts, bills,
loans, or state or federal income tax filings.
A showing that all members of the household have been living
together as a single housekeeping unit for a year or more, whether
in the current dwelling unit. Proof of sharing expenses for food,
rent or ownership costs, transportation, insurance, utilities, and
other household expenses shall be submitted.
Any other factor that, in the judgment of the Zoning Board of
Appeals, reasonably demonstrates that the group of persons are occupying
the dwelling unit as a single unit in a manner consistent with the
purposes of zoning and use restrictions and not simply as unrelated
occupants renting or otherwise occupying a dwelling.
A group of individuals living in the same dwelling unit shall
be presumed not to be a functional family unit, as defined in this
section, if such dwelling unit contains no head of household while
also including two or more unrelated students, which shall be defined
as individuals over the age of 16 years enrolled in a public or private
college, university, or other institution of post-secondary education.
For the purpose of this presumption, dependent children of any other
adult member of the household shall be excluded in calculating the
number of college students in the household.
Any determination under this subsection shall be limited to
the status of a particular group as a family and shall not be interpreted
as authorizing any other use, occupancy, or activity. In making any
such determination, the Board of Appeals may impose such conditions
and safeguards as the Board of Appeals shall deem necessary or advisable
in order to maintain the stability and character of the neighborhood
and protect the public health, safety and welfare.
A licensed establishment where deceased persons are prepared
for burial or cremation, where the body may be viewed or where services
are held.
[Added 6-13-2017 by L.L.
No. 5-2017]
An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.[12]
A business enterprise for the sale and growing of flowers,
shrubs, trees and other plants, including the replanting of said plants
grown at other places, and for the sale of ornaments and accessories,
agricultural products and tools. Included may be facilities for the
retail sales of agricultural produce (fresh fruits and vegetables).
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the average of the lowest points within the
area between the building and the lot line.
[Added 9-14-2023 by L.L. No. 11-2023]
Space occupied by one or more persons for living, sleeping,
eating or cooking. Restaurants for employees and occupants, kitchens
serving them and kitchenettes shall not be deemed to be habitable
space.
The vertical distance measured from the grade plane to the
highest point of the structure, but not including chimneys, spires,
towers, tanks and similar projections.[13]
[Amended 8-18-2009 by L.L. No. 3-2009; 10-18-2011 by L.L. No.
4-2011; 6-13-2017 by L.L. No. 5-2017; 9-14-2023 by L.L. No. 11-2023]
The distance between the highest point of the ceiling and
the finished floor directly beneath it of an interior space.
[Added 5-18-2021 by L.L. No. 4-2021]
Any gainful occupation customarily conducted within a dwelling,
or in a structure accessary to the dwelling, by the owner/occupant
thereof, clearly secondary to the use of the dwelling for living purposes,
and which does not change the character of the structure as a residence,
nor have any exterior evidence of such accessory use.
[Added 6-13-2017 by L.L.
No. 5-2017]
Premises devoted to the cultivation of flowers, shrubs and
trees intended for ornamental or landscaping purposes. Excluded are
facilities for the display of products and marketing on the premises,
whether wholesale or retail.
Any habitable room or demised group of rooms within a hotel/motel
designed to be rented as a single unit and accessed by a single key
and used as a separate transient (occupied for less than 30 consecutive
days) overnight accommodation.
[Added 4-19-2022 by L.L. No. 4-2022]
A commercial establishment containing hotel/motel guest units
as well as associated uses such as dining, entertainment and various
personal uses. A hotel/motel shall not constitute an individual's
primary residence, except for a live-in manager.
[Amended 6-13-2017 by L.L. No. 5-2017; 4-19-2022 by L.L. No. 4-2022]
Complete facilities to support human habitation, including
living and sleeping space and permanently installed food preparation
and sanitary appliances.[14]
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage outside a completely enclosed
building of used or discarded materials, such as waste paper, rags
or scrap material; tires; or used building materials, house furnishings,
machinery or parts thereof, with or without dismantling, processing,
salvage, sale or use or disposition of the same. One cubic yard or
more of refuse located on a property for more than 30 days may also
be deemed to be a junkyard.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage outside a completely enclosed
building of used or discarded motor vehicles or parts thereof, with
or without the dismantling, wrecking, salvage, sale or other use or
disposition of the same. A deposit, collection or storage on a lot
of two or more motor vehicles no longer in condition for legal use
on the public highways, or parts thereof, for one week or more in
a residential district or for three weeks or more in a nonresidential
district shall constitute a motor vehicle junk yard. Exceptions to
the foregoing are machinery and vehicles owned by a resident owner
of the premises or immediate family residing on the premises which
may be stored within a legal accessory garage or storage structure
for repair, storage or customizing for resident and family use only
and not for sale, storage or repair for others. Storage of the above
shall not interfere with required garage space for registered vehicles.
A use or building in which the principal activity is the
keeping, raising, boarding, grooming, breeding of dogs and/or cats.
For the purpose of this chapter, any such activity shall not be considered
a kennel where accessory to a principal residential use, provided
that not more than three animals exceeding six months of age are kept
for noncommercial purposes.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated, and any activity, including
the clearing, grading, transporting, filling or other activity which
causes land to be exposed to the dangers of erosion, increased runoff,
pollution, unnecessary destruction of trees, increased slope instability
and unnecessary modification of actual topography or unique geological
features.[15]
A facility for the cleaning or laundering of garments, principally
for individuals.
[Added 6-13-2017 by L.L.
No. 4-2017]
Enterprise engaged in the manufacture, predominantly from
previously prepared materials or finish products or parts including
processing, fabrication, assembly, treatment, packaging, incidental
indoor storage, sales and distribution of such products, but excluding
chemical processing. Finished products shall not exceed 40 cubic feet
or weigh more than 2,000 pounds per unit. Light industry is capable
of operation in such a manner as to minimize external effects such
as smoke, noise, soot, dirt, vibration, odor, etc. which impacts shall
meet or exceed the highest applicable standards established by federal
or state agencies.
[Added 6-13-2017 by L.L.
No. 5-2017]
All spaces within the exterior walls of a dwelling unit exclusive
of unheated garages, unenclosed breezeways, unenclosed porches, and
nonhabitable space (as defined by the NYS Building Code) contained
within basements as defined herein. Livable floor area shall include
all spaces not otherwise excluded above, such as: principal rooms;
utility rooms; bathrooms; all closets and hallways opening directly
into any room within the dwelling unit; stairways; and all attic area
having a clear height of 71/2 feet or more from finished floor level
to roof rafter. For the purpose of this chapter, "livable floor area"
shall also mean "habitable floor area."
[Amended 5-18-2021 by L.L. No. 4-2021; 9-14-2023 by L.L. No. 11-2023]
Any area or space accessible from a street or driveway for
the use of trucks or other vehicles while loading or unloading merchandise
or materials.
Any parcel of land, not necessarily coincidental with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building or by a group of buildings and accessory
uses and buildings, if any, together with the open spaces required
in connection with such building or group of buildings.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets. (See "corner lot.")
[Amended 6-13-2017 by L.L. No. 5-2017]
The percentage of the lot area that is occupied by the area
of the building or group of buildings.
An interior lot with less than the required lot width at
the point of its road frontage. Such lots are generally behind other
lots, having their front yard abutting the rear yard of one or more
other lots; and having access to a public road via a narrow strip
of land wide enough to accommodate a driveway.
Any lot other than a corner lot.
[Amended 6-13-2017 by L.L. No. 5-2017]
Any boundary of a lot. Any lot line not a rear lot line nor
a front lot line shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line, on the plot plan.
The lot line generally parallel and opposite to the front
lot line.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance between side lot lines measured along a line
drawn parallel to the front lot line at a distance equal to the minimum
front setback requirement.
An organization comprised of individuals who voluntarily
meet on a regular basis for a mutual purpose other than educational,
religious, charitable or financial pursuits, and which is open only
to members and their guests for a membership fee.
[Added 6-13-2017 by L.L.
No. 5-2017]
A vehicle or relocatable structure used for dwelling purposes
and standing on wheels or on rigid supports, such as a foundation.
Such vehicle or structure shall not be construed to be a single-family
detached dwelling.
[Amended 7-6-1999 by L.L. No. 3-1999; 6-13-2017 by L.L. No. 5-2017]
A nonmobile dwelling unit that is basically fabricated at
a central factory and transported to a site as one or more modular
units and there permanently affixed to create a permanent dwelling
unit. Such shall be congruous to a single-family detached dwelling.[16]
In making a determination as to whether the actions of governmental
units are "exempt" from local zoning regulations, the New York Court
of Appeals in the 1988 case of Matter of County of Monroe v City of
Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702, . established a new method
for resolving intergovernmental land use disputes using the "balancing
of public interests" analytic approach. Unless a statute exempts it,
the encroaching governmental unit is presumed to be subject to the
zoning regulations of the host community where the land is located.
The host community weighs nine factors to determine whether or not
it is in the public interest to continue to subject the encroaching
government to its land use regulations:
[Added 10-4-2022 by L.L. No. 9-2022]
The nature and scope of the instrumentality seeking immunity,
The kind of function or land use involved,
The extent of the public interest to be served thereby,
The effect local land use regulation would have upon the enterprise
concerned,
The impact upon legitimate local interests,
Applicant's legislative grant of authority,
Alternative locations for the facility in less restrictive zoning
areas,
Alternative methods of providing the needed improvement,
Intergovernmental participation in the project development process
and an opportunity to be heard.
An area of land, including structures thereon, or any building
or part thereof, that is used for the sale of motor fuel or motor
vehicle accessories, and which may include food or beverage sales
without wait staff.
[Added 6-13-2017 by L.L.
No. 5-2017]
A facility arranged, intended, or designed for making repairs
to motor vehicles and their mechanical systems, including painting
and collision services.
[Added 6-13-2017 by L.L.
No. 5-2017]
Any area of land, including any structures thereon, for which
its principal use is the display or sale of new and/or used automobiles,
motorcycles, trucks, cargo trailers or recreational vehicles or other
vehicles in condition for road use upon registration and current inspection.
[Added 6-13-2017 by L.L.
No. 5-2017]
An arrangement of a building or buildings, the occupancy
of which is intended for three or more families living independently
of each other in separate dwelling units. Such may be in condominium
or cooperative ownership or on a rental basis.
A place or building where objects of historical, artistic,
or scientific interest are exhibited, preserved, or studied and open
for viewing by the general public.
[Added 1-15-2019 by L.L.
No. 2-2019]
See "shopping center, neighborhood."
A structure or use legally existing prior to adoption of
this chapter or any amendment thereto which does not conform to the
regulations of the district in which it is situated.
[Added 7-6-1999 by L.L. No. 3-1999[17]]
Space used as kitchenettes, pantries, bath, toilet, laundry,
rest, dressing, locker, storage, utility, heater and boiler rooms,
closets and other spaces for service and maintenance of the building
and those spaces used for access and vertical travel between stories.
A place or establishment used for the organizational or administrative
aspects of a trade or used in the conduct of a profession or business
and not involving the manufacture, storage, display or direct retail
sale of goods. This may include, but is not limited to, offices of
sales representatives, architects, engineers, physicians, dentists,
attorneys, insurance brokers, real estate brokers and persons with
similar occupations.
[Added 6-13-2017 by L.L.
No. 5-2017]
Those exterior facilities adjacent to and part of establishments
selling food and/or drink, entirely located on private property, open
to the elements except for awnings and/or low walls or fences, temporary
or permanent in nature, such as rooftop cafes or decks and those at
street level not using any Village-owned property.
[Added 5-16-2000 by L.L. No. 3-2000]
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion or fuel to produce heat or energy used as a component
of a heating system providing heat or hot water for any interior space,
including, but not limited to, devices referred to as outdoor furnaces,
boilers and outdoor stoves. Swimming pool heaters using wood as a
fuel are included in this definition. Swimming pools using natural
gas, propane or oil are exempt from this definition. Stoves located
indoors used for heating or cooking purposes are exempt from this
definition.
[Added 12-21-2010 by L.L. No. 3-2010]
A lot or part thereof used for the storage or parking of
motor vehicles with or without the payment of rent or charges in money
and/or other consideration.
A specific main use of a building, structure, lot or land
or part thereof which this chapter provides for in a particular district
as a matter of right.
[Added 6-13-2017 by L.L.
No. 5-2017]
Uses which involve touching or near touching of the body,
including but not limited to barber shops, beauty shops, tailor shops,
tattoo establishments, masseurs and physical therapy; as well as uses
involving the mind such as psychologist, social worker and counselor.
[Added 6-13-2017 by L.L.
No. 5-2017]
The Planning Board of the Village of Monroe, New York.[18]
A structure attached to a building, with a floor, roof, and
structural supports, and permanently, seasonally, or temporarily enclosed
with solid materials, such as glass or lexan (a clear, durable, hard
plastic material). Screens, curtains, or latticework made of wire
mesh, cloth, paper, strips of wood or metal, or other similar material
shall not be considered "solid" for the purpose of this definition.
A porch does not need to be heated or insulated to be considered enclosed.
[Added 5-18-2021 by L.L. No. 4-2021]
A structure attached to a building, which has a floor, a
roof and structural supports, but not permanently, seasonally or temporarily
enclosed with solid materials such as glass or lexan (a clear, durable,
hard plastic material).
[Added 5-18-2021 by L.L. No. 4-2021]
The primary use for which a building or parcel of land is
or may be intended, occupied, maintained, arranged or designed.
(Referred to herein as "senior adult home") A family-type
home for adults established which is operated for compensation and
profit, and for the purpose of providing residential housing to five
or more senior citizens ages 65 years and older. The adult home provides
temporary or long-term residential care and services to senior citizens
who, though not requiring continual medical or nursing care as provided
by facilities licensed or operated pursuant to Article 28 of the New
York State Public Health Law or Articles 19, 23, 29 and 31 of the
Mental Hygiene Law, are, by reason of physical or other limitations
associated with age, unable or substantially unable to live independently.
The senior adult home provides housing in a community-integrated setting
with supportive services, such as meals, housekeeping, social activities,
transportation, and similar support services. The operation of the
senior adult home shall require issuance of an operating certificate
from the New York State Department of Social Services or successor
agency as defined in Section 485.2 of Subchapter D of Title 18 of
the New York Codes, Rules and Regulations. This term shall not be
construed to allow a nursing home, drug or alcohol rehabilitation
center, homeless shelter, single-room occupancy housing, or boardinghouse.
[Added 1-15-2019 by L.L.
No. 2-2019; amended 10-1-2019 by L.L. No. 14-2019]
An occupation in which knowledge in some department of science
or learning is applied to the affairs of others, either advising or
guiding them, or otherwise serving their interest or welfare through
the practice of a profession founded on such knowledge.
A use of a building, structure, lot or land or part thereof which is not listed as a permitted use, conditional use or accessory use; in addition, and more specifically, those uses listed as prohibited uses (see § 200-13).
Placement of utilities, surface and ground water drainage,
water supply, sewers, roadways, easements and rights-of-way which
shall be dedicated to the municipality for use by the general public.
[Added 7-6-1999 by L.L. No. 3-1999]
A publicly owned, operated and maintained parking area or
building in which parking spaces are available or rented to the public
for the shelter or storage of private automobiles.
Underground, surface or overhead gas or electric systems,
including poles, wires, mains, substations, cables, telephone lines
and buildings housing equipment used for water, sewerage and other
utilities.
All uses providing athletic, physical fitness, entertainment
or recreational activities, whether privately owned and operated with
the intention of earning a profit, or supported by membership, contributions
or endowment, by providing indoor and/or outdoor facilities for the
public or a more limited constituency.
[Amended 6-13-2017 by L.L. No. 5-2017]
INDOORIncludes, but is not limited to, such facilities as an auditorium, bowling alley, dance hall, display space, exercise rooms, gymnasium, health center, ice skating rink, instructional rooms, meeting rooms, racquet sports, roller skating rink, social rooms, spa, and swimming pool.
OUTDOORIncludes, but is not limited to, such facilities as athletic fields, golf course, golf driving range, jogging course, miniature golf, picnic area, playground, swimming pool and tennis courts.
An indoor facility arranged, intended or designed for making
repairs, including but not limited to machinery and/or equipment and
their mechanical systems.
[Added 6-13-2017 by L.L.
No. 5-2017]
A facility primarily engaged in research of an industrial
or scientific nature, including analysis and product testing. Such
facilities do not manufacture for wholesale or retail trade nor repair
products or display or sell any materials or products on a commercial
basis.[19]
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress and consumed on the premises,
with takeout food as an accessory use, but excluding fast-food and
drive-in establishments.
Business establishments that sell goods or merchandise to
the general public for personal or household consumption.
[Added 6-13-2017 by L.L.
No. 5-2017]
A wall that holds back earth, water, stone, rocks, and/or
manufactured material and is greater than two feet in height.
[Added 6-13-2017 by L.L.
No. 5-2017]
A public facility for storage of personal, household or business
property which is serviced by the owner of the stored property or
an agent of the owner for periods of at least 30 days or greater.
The term "self-storage facility" includes all similar uses and terms
but shall not be construed to mean "warehouse." The self-storage facility
must be constructed on a permanent foundation. A self-storage facility
is not to be used for the transfer, shipping or receiving of products
or goods in conjunction with a business operation.
[Added 6-13-2017 by L.L.
No. 5-2017]
Any person 65 years of age or older.
[Added 1-15-2019 by L.L.
No. 2-2019]
A tract of land with a group of buildings planned as a whole
and intended for one or more establishments for retail or allied purposes.
A shopping center has a retail anchor store as a leading tenant and
a total of 30,000 square feet or more in gross leasable floor area.
[Amended 6-13-2017 by L.L. No. 5-2017]
A tract of land with a building or group of buildings planned
as a whole and intended for one or more retail or allied purposes.
A neighborhood shopping center has no retail anchor store and will
not exceed a total of 30,000 square feet in gross leasable floor area.
[Amended 6-13-2017 by L.L. No. 5-2017]
Those exterior facilities adjacent to and a part of establishments
selling food and/or drink that require the use of some Village-owned
property for operation, are temporary in nature and are open to the
elements except for original awnings and/or temporary low walls or
fences.
[Added 5-16-2000 by L.L. No. 3-2000]
Any structure or part thereof or any device attached to a
building or represented thereon which shall display or include any
letter, word, model, banner, pennant, insignia, device, trade flag
or representation which is in the nature of or which is used as an
announcement, direction or advertisement for commercial or otherwise.
A sign includes a billboard and a neon tube, string or lights or similar
device outlining or hung upon any part of a building or lot, but does
not include the flag or insignia of any nations or of any governmental
agency or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event. However, excluded from this definition are signs which are
exclusively devoted to prohibiting trespassing, hunting or fishing.
[Amended 3-5-2002]
Includes all faces of a sign measured when such sign is on
a plate or framed or outlined. All of the area of such plate or the
area enclosed by such frame or outline shall be included; or, when
such sign consists only of letters, designs or figures engraved, painted,
projected or in any manner affixed on a wall, the total area of such
sign shall be deemed the area within which all of the matter of which
such sign consists may be inscribed.
The occupancy by one or two persons of a single room, or
of two or more rooms which are joined together, separated from all
other rooms within a dwelling, so that the occupant or occupants thereof
reside separately and independently of the other occupant or occupants
of the same dwelling but may share a bathroom, kitchen or both.
[Added 9-14-2023 by L.L. No. 9-2023]
A plan prepared by a legally qualified engineer, architect
or surveyor showing, in detail and at a convenient scale, the applicant's
entire property, existing or proposed buildings, uses, parking and
truck loading areas, drainage, elevations, utilities, site improvements
and other pertinent information.
[Amended 6-13-2017 by L.L. No. 5-2017]
Prior to the issuance of a building permit or certificate
of occupancy, the process within which the Planning Board evaluates,
considers and acts upon any site plan, including the compliance with
all the requirements and conditions necessary for the proper enforcement.
[Amended 6-13-2017 by L.L. No. 5-2017]
Placement of structures, utilities, landscaping, surface
and ground water drainage, water supply, access, parking, and environmental,
architectural and esthetic impacts, both on- and off-site.
[Added 7-6-1999 by L.L. No. 3-1999]
Radiant energy (direct, diffused and reflected) received
from the sun.
A complete design or assembly consisting of a solar energy
collector, storage facility and components for the distribution of
transformed energy.
A use that is not appropriate at all locations and under
all circumstances throughout a district or without restriction in
all districts due to potential incompatibility with some or all permitted
uses and whose number, area, location and relationship shall be regulated
subject to conditions established by this chapter and specifically
related to individual conditions.
[Added 6-13-2017 by L.L.
No. 5-2017]
A detached accessory structure, whether mobile or permanently
affixed, used for the storage, whether of short or long-term duration,
of materials, whether of some or no value.
That portion of a building included between the surface of
any floor and the surface of the floor next above. A story is measured
as the vertical distance from top to top of two successive tiers of
beams or finished floor surfaces and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is not a ceiling, to the top of the roof rafters. A basement
as defined herein shall not be considered a story. Any attic space
that can be potentially converted to habitable space as defined by
the building code shall be deemed a story.
[Amended 6-13-2017 by L.L. No. 5-2017; 4-3-2018 by L.L. No. 3-2018; 5-18-2021 by L.L. No. 4-2021; 9-14-2023 by L.L. No. 11-2023]
Any road, highway, avenue, street, parkway, lane or other
way, public or private, commonly used by the public as a traveled
way and located on a public right-of-way; as opposed to a driveway,
which is located on a privately owned parcel of land.
The dividing line between a lot and the right-of-way of a
street.
Anything constructed or erected on or under the ground or
upon another structure or building.
A pool, and any accessory equipment pertaining thereto, permanently
constructed to retain water to a depth of 18 inches or more below
the level of the surrounding land, or an above-surface-type pool,
which will cause the retention of water to a depth of 18 inches or
more, used or intended to be used for swimming or bathing by any family
or persons residing on the premises, including their guests. Such
shall not be operated for gain or profit and shall be located on a
lot only as an accessory use to the dwelling or dwellings thereon.
An establishment having as its principal use the on premises
consumption of beer, wine or liquor.
[Added 6-13-2017 by L.L.
No. 5-2017]
A business, new or existing on the effective date of this
chapter, transporting persons for hire, including but not limited
to taxi, livery, limousine and car service.
[Added 6-13-2017 by L.L.
No. 5-2017]
A building or area where plays, shows, dramatic or musical
performances, fine arts and/or movies are shown or performed.
[Added 6-13-2017 by L.L.
No. 5-2017]
A single-family dwelling attached by party walls with other
single-family dwellings and oriented so that all exits open to the
outside. Such may be on an individual lot owned in fee simple, by
condominium or cooperative ownership or on a rental basis.
[Amended 6-13-2017 by L.L. No. 5-2017]
A folding structure mounted on wheels and designed for travel,
recreation and vacation.
A licensed vehicular portable structure built on a chassis,
designed as a temporary dwelling for travel, recreational and vacation
purposes.
A mobile enclosed container or open truck bed mounted on
wheels, intended for the transport of goods and materials on public
roads when towed by a motorized unit. Such truck trailers, whether
licensed or unlicensed, may not be used for the storage, whether long-
or short-term, of goods and materials and are not permissible as accessory
structures.[20]
Any dwelling that provides housing accommodations, with or
without cooking facilities, for one or more people for a period of
less than 30 consecutive days for which a fee or compensation, monetary
or otherwise, is received by the owner or landlord in exchange for
such occupancy. For the purpose of this chapter, "boardinghouses,"
"residential hotels," "lodging houses," "rooming houses," "tourist
homes," and "short-term rentals" shall have the same meaning as "transient
housing." The term "transient housing" shall include, but not be limited
to, rentals provided through such companies as Airbnb and Vrbo. "Transient
housing" shall not include month-to-month tenancies or bed-and-breakfasts,
hotels, or motels that have received a special use permit from the
Planning Board.
[Added 1-7-2020 by L.L. No. 1-2020]
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
[Amended 6-13-2017 by L.L. No. 5-2017]
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Amended 6-13-2017 by L.L. No. 5-2017]
Premises used for medical and/or the surgical care of sick
or injured animals with accommodations for convalescence. The term
shall not include premises used exclusively for the sale, boarding
or breeding of animals for compensation.
The duly elected and/or appointed Village Board of the Village
of Monroe, New York.
The system operated as Orange County Sewer District No. 1.
The Village of Monroe's water supply system.
A building, a part of a building or a group of buildings
used for the storage and distribution of goods, wares and merchandise
by one or more commercial or business interests and not open to the
public.
[Amended 4-17-2007 by L.L. No. 2-2007; 6-13-2007 by L.L. No. 5-2017]
Applies to that portion of the yard within and extending
the full width of the lot between the front line of the principal
building and the front line of the lot.
[Amended 6-13-2017 by L.L. No. 5-2017]
Applies to that portion of the yard within and extending
the full width of the lot between the rear line of the principal building
and the rear line of the lot.
[Amended 6-13-2017 by L.L. No. 5-2017]
Applies to that portion of the yard extending from the principal
building to the side lot lines and extending from the front yard to
the rear yard, or where no front yard exists, from the front lot line
to the rear yard.
[Amended 6-13-2017 by L.L. No. 5-2017]
A change authorized by the Village Board either in the allowed
uses within a zoning district or to the regulations and requirements
of such uses or in the boundaries of a zoning district.
The Zoning Board of Appeals of the Village of Monroe, New
York.
An area or areas within the limits of the Village for which
the regulations and requirements governing use are uniform.
The Village of Monroe Zoning Law of 2014, as amended from
time to time, unless otherwise stipulated or indicated by reference.[21]
[Amended 6-13-2017 by L.L. No. 5-2017]
[1]
Editor's Note: The original definition of "accessory," which
immediately preceded this definition, was repealed 6-13-2017 by L.L.
No. 5-2017.
[2]
Editor's Note: The original definitions of "animal hospital
or veterinary clinic," "automotive equipment establishment," and "automotive
washing facilities," which immediately followed this definition, were
repealed 6-13-2017 by L.L. No. 5-2017.
[3]
Editor's Note: The original definition of "cellar," which
immediately followed this definition, was repealed 6-13-2017 by L.L.
No. 5-2017.
[5]
Editor's Note: The original definition of "conditional use,"
which immediately followed this definition, was repealed 6-13-2017
by L.L. No. 5-2017.
[6]
Editor's Note: The original definitions of "customary home
occupation," "customary nonresidential uses," and "customary residential
accessory uses," which immediately followed this definition, were
repealed 6-13-2017 by L.L. No. 5-2017.
[7]
Editor's Note: The original definition of "dispatching center/garage
for taxi, livery or limousine," which immediately followed this definition,
was repealed 6-13-2017 by L.L. No. 5-2017.
[8]
Editor's Note: The original definition of "drive-in restaurant,"
which immediately followed this definition, was repealed 6-13-2017
by L.L. No. 5-2017.
[9]
Editor's Note: The original definition of "duplex," which
immediately followed this definition, was repealed 6-13-2017 by L.L.
No. 5-2017.
[10]
Editor's Note: The original definition of "fast-food restaurant,"
which immediately followed this definition, was repealed 6-13-2017
by L.L. No. 5-2017. The former definition of "family," as amended,
which immediately followed, was repealed 9-14-2023 by L.L. No. 9-2023.
[11]
Editor's Note: The fee schedule is on file
in the Village offices.
[12]
Editor's Note: The original definition of "garage, public,"
which immediately followed this definition, was repealed 6-13-2017
by L.L. No. 5-2017.
[13]
Editor's Note: The original definition of "home professional
office," which immediately followed this definition, was repealed
6-13-2017 by L.L. No. 5-2017.
[14]
Editor's Note: The original definition of "industry, nonnuisance,"
which immediately followed this definition, was repealed 6-13-2017
by L.L. No. 5-2017.
[15]
Editor's Note: The former definition of "letter of credit,"
as added 7-6-1999 by L.L. No. 3-1999. which immediately followed this
definition, was repealed 6-13-2017 by L.L. No. 5-2017.
[16]
Editor's Note: The original definition of "motor vehicle service
station," which immediately followed this definition, was repealed
6-13-2017 by L.L. No. 5-2017.
[17]
Editor's Note: The former definition of "nonconforming,"
which followed this definition, was deleted 7-6-1999 by L.L. No. 3-1999.
[18]
Editor's Note: The former definition of "porch," which immediately
followed this definition, was repealed 5-18-2021 by L.L. No. 4-2021.
See now the definitions of "porch, enclosed" and "porch, unenclosed."
[19]
Editor's Note: The original definition of "residential, two-family,"
which immediately followed this definition, was repealed 6-13-2017
by L.L. No. 5-2017.
[20]
Editor's Note: The original definition of "variance," which
immediately followed this definition, was repealed 6-13-2017 by L.L.
No. 5-2017.
[21]
Editor's Note: Original Sketch A, which immediately followed
this definition, was repealed 6-13-2017 by L.L. No. 5-2017.
