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.
[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.
[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.
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.
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.
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.
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.
[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.
