Monroe City Zoning Code
ARTICLE XIII
Nonconforming Uses and Nonconforming Buildings 1
§ 200-61 Applicability.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter.
§ 200-61.1 Adaptive reuse of National Register historic buildings.
[Added 1-15-2019 by L.L. No. 2-2019]
A.
Purpose. The purpose of this section is to allow for the adaptive reuse of existing historic buildings consistent with the regulations set forth herein. The allowable adaptive uses listed below shall be in addition to those uses otherwise allowed within the zoning district in which the property is located.
B.
Permitted districts. Adaptive reuse of a building listed on the National and State Register of Historic Places shall be permitted by special use permit in all zoning districts.
C.
Parking. The Planning Board is authorized to determine appropriate parking requirements.
D.
Procedures. Adaptive reuse of an historic building shall require a special use permit, architectural review and site plan approval issued by the Planning Board or such other board as may be authorized by the Board of Trustees from time to time. In considering an application for adaptive reuse, the Planning Board shall adhere to the procedures governing special use permit, site plan, and architectural review approval as set forth in the Village of Monroe Zoning Law and all other applicable state and local laws.
E.
Certificate of use, private proprietary senior adult home.
(1)
The Code Enforcement Officer shall determine whether the use is in compliance with the requirements of this section and the conditions of the special permit, site plan and architectural review and shall issue a certificate of use upon a determination that the property is in compliance. The Code Enforcement Officer may inspect the building to ensure that the use is not in violation of the special permit and site plan. Failure to qualify for a certificate of use shall constitute a violation of the special use permit and shall require reapplication to the Planning Board. The certificate of use shall specifically set forth the maximum number of occupants allowed in the private proprietary senior adult home as approved by the Planning Board.
(2)
One month prior to the expiration date of the certificate of use, the property owner shall file an affidavit with the Building Department certifying compliance with this section, including continued listing on the National Register of Historic Places and the State Register of Historic Places, and compliance with the special use permit as to its requirements relating to the number of occupants and the age of the occupants in the senior adult home. Said affidavit shall also attach a copy of the most recent operating license or licenses.
(3)
In addition to the affidavit required for the issuance or reissuance of a certificate of use, the property owner shall also file an affidavit with the Building Department within 30 days after any change of occupancy attesting to the number of occupants and the age of the occupants, except nothing herein shall be construed to allow a greater number of residents than allowed as per the special use permit governing the senior adult home.
F.
Requirements.
(1)
Required listing. To qualify for a use under this section, the historic building shall be listed on the National Register of Historic Places and the State Register of Historic Places. The applicant shall submit documentation from the New York State ("NYS") Office of Parks, Recreation and Historic Preservation, State Historic Preservation Office ("SHPO"), as evidence that the building is listed on the National Register and State Register of Historic Places. The Planning Board shall not entertain the application unless this proof is submitted. The Planning Board shall not waive this special use permit requirement.
(2)
Qualification, alterations, minimum lot size for adult senior home use not affected.
(a)
In order to qualify for historic reuse under this section, the historic building shall not require an addition or expansion or significant alteration to the historic building facade to accommodate the use, except as may be required to comply with the Americans with Disabilities Act. Any exterior facade renovation shall comply with the most recent publication "The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings," as may be updated from time to time. Such compliance shall be determined by the New York State Historic Preservation Office (SHPO).
[Amended 10-1-2019 by L.L. No. 14-2019[1]]
[1]
Editor's Note: This local law also repealed former Subsection F(2)(b), regarding conversion of existing buildings, which immediately followed this subsection, and redesignated former Subsection F(2)(c) as Subsection F(2)(b).
(3)
Historic review. All special use permit applications shall be forwarded to the NYS SHPO for review and comment. The Planning Board, in its discretion, shall retain a qualified architectural historian to assist it in the review of any application under these provisions. The Planning Board shall not act on the application without having received and reviewed the comments of NYS SHPO.
(4)
Where an existing building is to be converted for a use allowed herein without any alteration to the building's size, height or footprint, the dimensional requirements of said historic building shall be deemed conforming as to the bulk requirements of the zoning district within which the building is located, except where specific bulk regulations are set forth herein, which shall be met. Any change required to comply with the Americans with Disabilities Act shall be deemed conforming.
[Amended 10-1-2019 by L.L. No. 14-2019]
(5)
Uses allowed. The following uses are allowed by the adaptive reuse special use permit:
(a)
Professional office. For purposes of this section, professional office shall specifically be defined as offices where services that require specialized training, professional certification or an educational degree beyond a baccalaureate degree are offered by a professional including but not limited to accountant, appraiser, attorney, architect, landscape architect, engineer, surveyor, physician, dentist, chiropractor, optometrist, psychologist and similar professions. No goods or merchandise shall be offered for sale or exchanged within or without the professional office. The minimum lot size shall be 20,000 square feet.
(b)
Arts and crafts studio and accessory retail use expressly related to the sales of crafts made therein. The minimum lot size shall be 20,000 square feet.
(c)
Bed-and-breakfast. The lot size for a bed-and-breakfast shall be the same as may be required where the use is allowed in the underlying district, however, where the use is not specifically listed, it shall be 20,000 square feet. The provisions of Zoning Law § 200-60 shall also apply.
(d)
Museum or art gallery. The minimum lot size shall be 20,000 square feet.
(e)
Private proprietary senior adult home.
[1]
The minimum lot size shall be 45,000 square feet for the first five residents, plus an additional 5,000 square feet for every additional senior citizen occupying the premises. The maximum occupancy of the existing historic building to be reused as permitted by this section shall be established by the Planning Board consistent with all applicable state, county and local building codes and laws.
[2]
Accessory uses that are customarily incidental and subordinate to the primary senior adult home use and which uses are limited to use by residents, their guests and employees. Accessory uses may include: senior community meeting rooms; group dining rooms; exercise rooms; outdoor active and passive recreation space, outdoor sitting areas or patio; art and music studios; computer room; on-site interior storage areas for residents; laundry. Kitchen facilities are not permitted in individual rooms.[2]
[2]
Editor's Note: Former Subsection F(5)(e)[3], Legal assurances, which immediately followed this subsection, was repealed 10-1-2019 by L.L. No. 14-2019, and former Subsections F(5)(e)[4] and [5] were renumbered as Subsections F(5)(e)[3] and [4], respectively.
[3]
Occupation by owner and operator. In addition to the senior residents of the senior adult home, the record owner of the home and/or the permitted operator of the senior home may reside within the senior adult home building.
[4]
Special use permit revoked. The special use permit shall be deemed revoked by operation of law upon revocation of state or local certification to operate a senior adult home. Further, the special use permit shall be revoked should the senior adult home exceed the number of residents established in the certificate of use, or should the property and building fall into disrepair or be altered in a manner which no longer allows it to meet the architectural and historic standards for listing on the National Register of Historic Places.
(f)
Outdoor storage of materials is prohibited.
(g)
Clothing drop boxes shall not be permitted on the site.
G.
There shall be no exterior alteration of the structure's facade except where said alteration is consistent with the building or property's original historic character. Continuing maintenance of the building exterior to protect its historic character shall be a condition for the issuance of any special use permit. Continuous listing on the National Register of Historic Places and State Register of Historic Places shall be a condition of any approval, and failure to maintain same shall be deemed a violation of the special use permit.
H.
The Planning Board shall render its decision on any special use permit in accordance with these standards and those set forth in § 200-48.2.
I.
No exterior illumination of parking areas or the building shall occur between the hours of 11:00 p.m. to 6:00 a.m., except when the Planning Board finds that said illumination would not impact an adjoining use. The Planning Board shall determine the parking spaces necessary for the use in accordance with Article XI, Parking and Loading.
J.
The Planning Board may impose conditions to protect adjoining neighborhood properties, and the historic character of the building, including the installation of vegetative screening to screen views of the site, including parking, from any adjoining residential property.
§ 200-62 Nonconforming uses.
[Amended 6-13-2017 by L.L. No. 5-2017]
Any nonconforming use of buildings or open land may be continued indefinitely, except as follows:
A.
Enlargement. A nonconforming use of buildings or open land shall not be enlarged, altered, extended, reconstructed or restored (except as provided below) or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
B.
Relocation. A nonconforming use of buildings or open land shall not be moved to another location where such use would be nonconforming.
C.
Change. A nonconforming use of buildings or open land shall not be changed to another nonconforming use without approval by the Zoning Board of Appeals, and then only to a use which, in the opinion of the Zoning Board of Appeals, is of the same or of a more restricted nature.
D.
Reestablishment. A nonconforming use of buildings or open land shall not be reestablished if such use has been discontinued for any reason for a period of one year or more, or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
§ 200-63 Nonconforming buildings.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair, structural alteration in or the reconstruction of a noncomplying building, provided that such action does not increase the degree of or create any new nonconformity with regard to the regulations pertaining to such buildings.
A.
Restrictions. No building which houses a nonconforming use shall be:
(1)
Structurally altered or enlarged.
(2)
Moved to another location where such use would be nonconforming.
(3)
Restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of such building, exclusive of foundations (such determination to be made solely by the Building Inspector). Any such building damaged to a lesser extent may be restored, but not enlarged, and the nonconforming use reinstated with one year of such damage. If the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
B.
Solar energy system. Nothing in this section shall be deemed to prohibit the installation of a solar energy system on a nonconforming building or structure as long as the solar energy system does not increase the nonconformity.
§ 200-64 Buildings, structures or lots with nonconforming bulk.
A.
Residential buildings or structures. An increase in degree of noncompliance or the creation of a new noncompliance with the district regulations and bulk table provisions within the meaning of this article shall include all of the following:
[Amended 6-13-2017 by L.L. No. 5-2017; 11-6-2023 by L.L. No. 20-2023]
(1)
The lateral extension of a noncomplying portion of a building for a distance greater than presently exists, even where the distance of that building from the property line remains the same. Thus, for example, the owner of a building that does not comply with the applicable side yard requirement may not, without obtaining a variance, build an extension on the side of his or her building, running toward either the front or the rear of the existing side footprint, even if it comes no closer to the property line than the existing building.
(2)
An upward expansion of a building, even at the same dimension as an existing setback noncompliance (because such an expansion increases the mass or volume of the noncompliance).
(3)
The in-filling of open-air space (such as a porch) at the same dimension as an existing setback noncompliance (because such an expansion increases the mass or volume of the noncompliance).
(4)
The extension of an existing noncomplying building closer to a property line than bulk rules require (but less than the currently existing nonconformity) where the portion of the building to be so extended is currently in compliance with bulk requirements and is a different portion of the building than where the current noncompliance exists.
B.
Nonresidential buildings or structures. Normal maintenance and repair; structural alteration in; and moving, reconstruction or enlargement of a building or structure which does not house a nonconforming use, but is nonconforming as to the district regulations for lot area, lot width, front yard, side yard, rear yard, height or lot coverage, is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building or structure.
C.
Adjoining lots. Two or more adjoining nonconforming subdivision lots, regardless of ownership, in a subdivision approved by the Planning Board shall have three years from the date of filing with the office of the County Clerk to obtain a building permit. Any noncomplying lot in a subdivision approved by the Planning Board and filed with the office of the County Clerk more than three years prior to the effective date of this chapter and in the same ownership shall not be eligible to receive a building permit. Said subdivision or part thereof shall be resubmitted to the Planning Board for approval in accordance with the applicable provisions of this chapter. Any lot in a subdivision approved by the Planning Board after the effective date of this chapter, but which is made nonconforming as to bulk by any future amendments of this chapter, shall have three years from the date of filing to obtain a building permit.
D.
Noncomplying lots.
(1)
A vacant lot in a residential zone separated from any other land in the same ownership and noncomplying as to area, whether or not located in and part of a subdivision plat approved by the Planning Board and filed in the office of the County Clerk, and which has a lot width of at least 50 feet may be used for a single-family detached dwelling, provided that such use shall comply with § 200-19.
[Amended 6-13-2017 by L.L. No. 5-2017]
(2)
A vacant lot in a nonresidential zone separated from any other land in the same ownership and noncomplying as to bulk, whether or not located in and part of a subdivision plat approved by the Planning Board and filed in the office of the County Clerk, may be used for any permitted nonresidential use, provided that such use shall comply with the bulk requirements of another use permitted in that district having the same or less lot width.
§ 200-65 Termination of nonconforming uses.
Each of the nonconforming uses specified in this section is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the community to the point that each such nonconforming use must be and shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use:
A.
Open land. In any residence district, any nonconforming use of open land, including but not limited to such uses as a parking lot or open storage yard for materials or equipment, may be continued for three years after the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated.
B.
Sign. Any sign not of a type permitted or of a permitted type but of a size exceeding the maximum permitted size by more than 10% may be continued for one year following the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated. Any sign that is now nonconforming by reason of a previous chapter shall be terminated upon the adoption of this chapter.
§ 200-66 Required modification of nonconforming uses.
Each of the nonconforming uses specified in this section is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in such district and blight the proper and orderly development and general welfare of such district and the Village to a point requiring that each of such nonconforming uses be modified to the extent possible within a specified period of time as set forth below:
A.
Open land. In any nonresidence district, any nonconforming use of open land, including such uses as parking lots, fuel tanks or open storage yards for material or equipment, regardless of the presence of any building thereon, may be continued as is for one year after the enactment of this chapter, during which time the Building Inspector shall notify each property owner that the use of such property is to be terminated, unless within 60 days the owner applies to the Planning Board for a conditional use permit. On or before the expiration of said one year period, such nonconforming use shall be modified in accordance with such reasonable conditions as shall be imposed by the Planning Board when issuing a conditional use permit, which conditions shall be designed to minimize any detrimental effect that such use of open land may have on adjoining or nearby lots in a residence district.
B.
Building not fully enclosed. In any district, other than a residence district, any use which is nonconforming because it is not located within a building fully enclosed on all sides may be continued for three years after the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated. Any other provision to the contrary notwithstanding, however, no such use will be required to terminate if, within said period, such use shall be located within a completely enclosed building complying with the requirements of the district in which it is located or if, within said period, such use shall be surrounded with a solid fence of material and design acceptable to the Planning Board, which fence shall be one foot higher than any material stored outdoors, provided that such fence shall be maintained in good condition at all times.
C.
Accessory buildings and uses. In any residence district, any nonconforming accessory building or use, including such uses as garages, sheds, swimming pools and decks, may be continued as is, for one year after the enactment of this chapter, during which time the Building Inspector shall notify each property owner that the use of such property is to be terminated, unless within 60 days the owner applies to the Planning Board for a conditional use permit. On or before the expiration of said one year period such nonconforming use shall be modified in accordance with such reasonable conditions as shall be imposed by the Planning Board when issuing a conditional use permit, which conditions shall be designed to minimize any detrimental effect that such accessory building or use may have on adjoining or nearby lots in a residence district.
§ 200-67 Repairs and maintenance; unsafe buildings.
[Amended 7-6-1999 by L.L. No. 3-1999]
A.
Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
B.
Unsafe buildings.
(1)
All buildings or structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard, or are otherwise dangerous to constitute a fire hazard, or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this action.
(2)
Notice; reporting of noncompliance; public hearing; repair by Village.
[Amended 5-1-2012 by L.L. No. 2-2012; 6-13-2017 by L.L. No. 5-2017]
(a)
Wherever the Building Inspector shall find any building or structure or portion thereof to be an unsafe building as defined in this section, he shall, in the same manner provided for the service of stop orders in § 200-71F of this chapter, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.
(b)
In the event the owner, agent or person in control of such building or structure does not comply with the repairs or improvements or removal as requested by the Building Inspector in accordance with Subsection B(2)(a) above, the Building Inspector shall prepare and submit a written report to the Board of Trustees, which demonstrates why the subject building or structure is deemed an unsafe building in accordance with § 200-67B(1).
(c)
Upon receipt of said report from the Building Inspector, the Board of Trustees shall schedule and conduct a public hearing at the time and place so designated by the Board of Trustees for the purpose of hearing such testimony as the Building Inspector or the owner, or someone of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Village Assessor or in the office of the County Clerk shall offer relative to the unsafe building. The Board of Trustees may adjourn the hearing from time to time until interested parties are heard and until the hearing is completed. At the conclusion of the hearing, the Board of Trustees shall determine by resolution to revoke the order to repair or remove, modify said order or affirm said order to direct the owner or other persons to complete the work within the time specified in the order or such other time as shall be determined by the Board of Trustees.
(d)
In the event of the refusal, failure or neglect of the owner or person so notified to comply with said order of the Board of Trustees within the time specified in said order and after the public hearing, the Board of Trustees shall provide that such building be made safe and secure or demolished and removed by Village employees or by independent contractors. Except in emergency cases as herein provided, any contract for repair or demolition and removal of a building or structure shall be awarded through competitive bidding if required under General Municipal Law.
(3)
If the Building Inspector finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Inspector. The Building Inspector shall cause to be posted at each entrance to such building a notice: "This building is unsafe and its use or occupancy has been prohibited by the Building Code until repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other servants to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same."
(4)
In case of emergency which, in the opinion of the Building Inspector, involves imminent danger to life, safety or health, he shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose he may at once enter such structure, with such assistance and at such cost as may be necessary. He may cause to be vacated adjacent structures and protect the public by appropriate barricades or such other means as may be necessary, and for this purpose may close a public or private way.
(5)
In case the owner, agent or person in control cannot be found within the stated time limit or if such owner, agent or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the Village Attorney shall be advised of all the facts in the case and shall institute an appropriate action in the courts to compel compliance.
(6)
Costs incurred shall be paid out of the municipal treasury on certificate of the Building Inspector. Such costs shall be charged against the land on which the building existed, as a municipal lien, or cause such costs to be added to the tax roll as an assessment or be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit of law against the owner.