Town of Monroe, NY Article XIV Nonconforming Uses, Buildings or Structures

§ 57-57 Unlawful uses; establishment of nonconforming uses.

A. No unlawful building or structure or unlawful use of a building or structure, lot or land, existing at the effective date of this chapter, shall be deemed to be a nonconforming building, structure or use.

B. All buildings or structures or uses of a building or structure, lot or land, lawfully existing prior to the effective date of this chapter, or of subsequent amendments of it, which do not conform to the provisions of this chapter, shall be the subject of an application filed within six months in the office of the Building Inspector so that their status as legal nonconforming uses may be established.

§ 57-58 Continuance of nonconforming uses.

A. Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied.

B. A building or structure used by a nonconforming use at the effective date of this chapter may not be reconstructed, structurally altered, restored or repaired to an extent exceeding in aggregate cost 75% of the fair market value of such building or structure, unless the use of such building or structure is changed to a conforming use. The Board of Appeals may grant a variance, in accordance with the provisions of § 57-65C(3) for a reconstruction, structural alteration, restoration or repair exceeding such 75% of the fair market value of such building or structure.

C. A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or part, and the provisions of Subsection B above shall not apply.

§ 57-59 Extension of nonconforming uses.

A nonconforming use shall not be enlarged or extended, except as provided in § 57-65C(2).

§ 57-60 Changes of nonconforming uses.

A nonconforming use shall be changed only to a conforming use, except as provided in § 57-65C(4).

§ 57-61 Abandonment of nonconforming uses.

A. A nonconforming use shall be deemed to have been abandoned:

(1) When it is changed to a conforming use.

(2) In cases where such nonconforming use is of a building or structure designed for such use, or when it has been voluntarily discontinued for a period of 12 consecutive months.

(3) In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of 12 consecutive months.

B. A nonconforming use that has been abandoned shall not thereafter be reinstated.

§ 57-62 Nonconforming summer cottage developments.

A. Any property lawfully used on or before the third day of September 1954 for the purpose of a rental summer cottage development or bungalow colony shall be considered a lawful nonconforming use and may be continued.