Clarkstown City Zoning Code
ARTICLE VII
Preexisting Nonconforming Uses
§ 290-27 Applicability.
This Article applies only to uses in existence on the effective date of this chapter. Except as otherwise expressly provided in § 290-29, the lawful use of any premises existing on the effective date of this chapter may be continued although neither such use nor the bulk of the same conforms to the regulations. The effective date of this chapter as referred to in this Article shall also include the effective date of any subsequent amendment to this chapter which may cause any use to become a nonconforming use subject to the regulations herein, provided that a use in existence at the effective date of this ordinance, which use is permitted by special permit within the district in which the use is located, shall be considered a conforming use for the purposes of this chapter and shall not be required to obtain a special permit to continue said use.
§ 290-28 Buildings with nonconforming use and nonconforming bulk.
Buildings with nonconforming use and nonconforming bulk may receive routine maintenance or repairs and interior structural alteration. Relocation or enlargement is permitted, provided that no new nonconforming bulk is added to such building. "Nonconforming bulk" shall mean any portion of the building which is located within a required front, rear or side yard. Additional nonconforming bulk shall be deemed to occur if any additional floor area or projection into a required front, rear or side yard is proposed. In the event that a building with prior nonconforming use and prior nonconforming bulk is damaged by casualty or voluntarily demolished, any new or replacement construction shall be required to conform to the then existing general bulk regulations unless excepted by the provisions of § 290-29E. In all cases involving reconstruction, alteration or enlargement, site plan approval, if required by § 290-31C, shall be obtained prior to the issuance of a building permit.
§ 290-29 Nonconforming use.
A.
Repair and alteration. Normal maintenance and repair of and incidental alteration to a building occupied by a nonconforming use is permitted if it does not extend the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except when required by law; or to adapt the building to a conforming use or to any other use permitted under Subsection B.
B.
Change of use. Any nonconforming use may be changed to any conforming use or, on application to and with the approval of the Board of Appeals, to any use which the Board of Appeals deems to be more in character with the uses permitted in the district in which said change of use is proposed.
C.
Discontinuance of use. If active and continuous operations are not carried on with respect to a nonconforming use during a continuous period of one year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
D.
(Reserved)
E.
If a building containing nonconforming bulk or in which a nonconforming use exists is damaged by casualty to the extent of 50% or more of its real value, as determined by the Tax Assessor, such building may be restored and nonconforming use continued, provided that the restoration work is commenced within 12 months from the date of loss and completed within 12 months thereafter. Failure to comply strictly with the reconstruction requirements of this provision shall result in extinguishment of the right of restoration.
F.
Termination of certain nonconforming uses and nonconforming features of such uses. Each of the nonconforming uses and nonconforming features of such uses specified in this section may be continued after the effective date of this chapter for a reasonable period of amortization as specified below, provided that after the expiration of such period of amortization such nonconforming uses or nonconforming features thereof shall then be terminated as specified below.
(1)
(Reserved)
(a)
In any residential district any sign not of the type permitted, or of a permitted type but greater than four times the maximum sign area permitted, may be continued for three years after the effective date of this amendment, provided that after the expiration of that period, such non-conforming use shall be terminated.
(b)
Cessation of advertising signs. Notwithstanding any other provisions of this chapter, all advertising signs as defined herein shall be prohibited. Such signs shall be discontinued and removed no later than the expiration of one year from the effective date of this amendment.
(2)
Nonconforming open storage yards, outdoor displays or junkyards in LS, CS or RS Districts. Any nonconforming open storage yard, or any outdoor display or storage of merchandise in connection with an auction establishment or store specializing in secondhand merchandise, in LS, CS or RS Districts, which is nonconforming, either because not permitted in the district or because not located within a completely enclosed building, may be continued for one year after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building. Any nonconforming junkyard in LS, CS or RS Districts 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 than be terminated. However, no such use will be required to terminate if within said period it shall be surrounded with a uniformly painted solid fence no less than one foot higher than the highest elevation of the material stored within such junkyard, provided such fence shall be maintained in good condition at all times and its maximum height be seven feet.
(3)
Nonconforming manufacturing uses in residential districts. In any residential district any nonconforming manufacturing use which is first permitted by right in LIO and M Districts may be continued for: 10 years after the effective date of this chapter or 30 years after the initial establishment of such use or any addition thereto adding 50% or more to the real value of such use, whichever is the longer period; provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use shall be required to be terminated if it can conform to the performance standards in § 290-13.
(4)
Nonconforming parking of commercial vehicles in residential districts. In any residential district any nonconforming parking of commercial vehicles may be continued for one year after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated.
(5)
Nonconforming parking and loading spaces. In any district, nonconforming parking and loading spaces may be continued for two years after the effective date of this chapter, provided that after the expiration of this period such nonconforming use and feature shall terminate, and provided further that the owner of the nonconforming premises has sufficient available open land at the site to provide parking and loading spaces which conform to the requirements of this chapter.
(6)
Within one year after the effective date of this chapter, the owners of all nonconforming uses situate in R Districts shall provide such landscaping and screening as shall be required by the Board of Appeals to protect the residential character of the surrounding R Districts.
G.
Modification by Board of Appeals. If, on application made at least six months before the expiration of the period prescribed in Subsection F for termination of a nonconforming use or nonconforming feature thereof, the Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use, or nonconforming feature thereof, then the Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed, and such extension can be granted only once for any use.