Amsterdam City Zoning Code
ARTICLE IX
Nonconforming Uses and Noncomplying Structures, Uses and Lots
§ 250-67 Applicability.
The provisions of this article shall apply to all structures, uses and lots existing on the effective date of this chapter, to all structures, uses and lots that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof, and to all complying structures housing nonconforming uses.
§ 250-68 Continuation of use.
Except as otherwise provided in this article, the lawful use of any building, structure or land existing at the time of the adoption of this chapter or any applicable amendment thereto may be continued, although such use does not conform to the provisions of this chapter.
§ 250-69 Regulation of nonconforming uses.
No existing building or structure, whether a noncomplying building or structure or devoted to a nonconforming use, shall be enlarged, extended, reconstructed or structurally altered except as follows:
A.
Restoration. Any noncomplying building or structure or building or structure housing a nonconforming use which as a result of fire, explosion or other casualty has less than 50% of its existing floor area made unsafe and/or unusable may be restored, reconstructed or used as before, provided that the bulk, height and area requirements shall not be in excess of that which existed prior to said damage. Such restoration must be commenced within six calendar months and completed within two calendar years of such occurrence or the use of such building, structure or land as a legal nonconforming use shall thereafter be terminated. Abandonment shall only apply to nonconforming uses that were carried on in structures that are architecturally designed to be consistent with a permitted use.
B.
Extension and displacement. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a noncomplying building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use. No nonconforming use shall be extended to displace a conforming use.
C.
Unsafe structures. Any noncomplying building or structure or portion thereof or building or structure housing a nonconforming use, declared unsafe by a proper authority, may be restored to a proper condition within the time period provided by such authority.
D.
Alterations and repairs.
(1)
A noncomplying building or structure for other than residential purposes or a building or structure housing a nonconforming use may not be reconstructed or structurally altered during its life to an extent that such alterations exceed in aggregate cost 50% of the full valuation of the building or structure, exclusive of the value of land, unless said building or structure is changed to a conforming use. A nonconforming building or structure containing residential use may be altered in any way to improve interior livability, provided that no structural alteration shall be made which would increase the nonconformity with regard to the number of housing units or the bulk of the building or structure. Within the Greenway Corridor Overlay (GW-O) Zone modifications, alterations and repairs to incorporate floodproofing measures shall be permitted, provided such measures do not raise the water level of the one-hundred-year flood.
(2)
Normal maintenance repairs and incidental alteration of a noncomplying building or structure containing a nonconforming use shall be permitted, provided that said repairs and alterations do not extend the volume or area of space occupied by the nonconforming use.
E.
Change of use.
(1)
With prior approval of the Zoning Board of Appeals, a nonconforming use of a structure may be changed to another nonconforming use of an equal or more restricted classification, provided that no structural change, enlargement, extension or reconstruction is made.
(2)
A nonconforming use may be changed into a conforming use.
(3)
When a nonconforming use is changed to a conforming use or a more restricted nonconforming use, the use of the structure, building or land shall not thereafter be changed into a nonconforming use or a less restricted use.
F.
Prior approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a building permit for which had been duly granted before the date of enactment of this chapter or any applicable amendment thereto, provided that said building shall be completed according to such plans as filed within two calendar years from the effective date of this chapter. Further, nothing contained herein shall abrogate any area variance or use variance issued by the Zoning Board of Appeals under Chapter 250, Zoning, of the City of Amsterdam, New York, as superseded by this chapter, provided that:
(1)
The specific dimensional relief granted through area variance is vested through either incorporation in building plans heretofore filed with the City Building Inspector or which shall be so incorporated within nine calendar months from the effective date of this chapter and related construction is completed in conformance with other applicable laws, rules and regulations within two calendar years from the effective date of this chapter.
(2)
The specific relief granted through the use variance is vested through initiation of the designated use of a building, buildings and/or land within two calendar years from the effective date of this chapter, such use or occupancy occurring in conformance with all other applicable laws, rules and regulations.
G.
Relief from the restrictions of this section may be granted by the Planning Commission by special use permit upon application made with notice to all surrounding property owners of the land involved in the special use permit within 200 feet or such additional distances as the Planning Commission may deem advisable. Relief shall be granted if the proposed activity will enhance property value in the area, including the value of the improvement to the nonconforming property, and/or provide increased economic activity that will not significantly burden the surrounding area. In addition, the Planning Commission shall consider the factors set forth in § 250-53. However, noncompliance with § 250-53C and/or § 250-53F alone shall not preclude the granting of a special use permit.
§ 250-70 Termination or required modification of certain nonconforming uses and noncomplying structures.
A.
Abandonment. The discontinuance of a nonconforming use for a period of one calendar year and/or the change of use to a more restrictive or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be reestablished. Intent to resume active operations shall not constitute continuance of a nonconforming use nor confer the right to do so.
B.
Partial destruction. Should any noncomplying building or structure as a result of fire, explosion or other casualty have 50% or more of its existing floor area destroyed, the use of such building or structure as a noncomplying building or structure shall thereafter be terminated and any new construction shall be in full accordance with the regulations of this chapter.
C.
Termination or required modification of certain uses. Each of the nonconforming structures or uses specified below is deemed sufficiently objectionable, undesirable and out of character in the zoning district in which such use or structure is located as to depreciate the value of the property and uses permitted in the district and otherwise inhibit the proper and orderly development of such district. Therefore, each such nonconforming use or structure must be and shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter. Said period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use.
(1)
Except in the Light Industrial (LI) District, any nonconforming use of open land, including, but not limited to, such uses as junkyards, motor vehicle junkyards or open storage yards for material or equipment, may be continued for three years after the effective date of this chapter, provided that, after the expiration of such period, such nonconforming use shall be terminated. As an alternative to termination, continuation of the use, if legally existing, may be authorized by the Planning Commission through application for and approval of a special use permit in accordance with the procedures and standards established within Article VII of this chapter. Special attention shall be directed by the Planning Commission to the screening requirements set forth in § 250-48 of this chapter.
(2)
Any noncomplying sign, either accessory or nonaccessory, including such features as prohibited in § 250-40A of this chapter, shall be modified by its owner to conform to be removed within 60 days after receipt by the owner of specific written notice from the Code Enforcement Officer to so comply.
(3)
Any sign existing on or after the effective date of this chapter which advertises a business no longer conducted or service no longer provided on the premises shall be removed by the owner of the premises upon which the sign is located within 30 calendar days after receiving written notice from the Code Enforcement Officer to remove said obsolete sign.