Colonie City Zoning Code
§ 242-13
Regulation of nonconforming uses and buildings.
A.
Legislative intent. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing nonconforming uses. It is intended to protect property values and create a more attractive residential, economic and business climate in the Village of Colonie.
B.
Change in use.
(1)
If no structural alterations are made, any nonconforming use of a structure or structure on premises in combination may be changed to a nonconforming use of the same nature or to a more restricted use or to a conforming use, provided that a change to a more restricted use or to another nonconforming use may be made only if the relation of the structure to its surrounding property is such that adverse effects upon occupants and neighboring property will not be greater than if the original nonconforming use continued.
(2)
No existing structure or premises devoted to a nonconforming use shall be structurally altered, expanded or extended, except to have such structure or premises conform to zoning requirements or to comply with codes, rules or regulations relating to safety.
(3)
The conforming use of a nonconforming structure or nonconforming lot may be changed to another conforming use, provided that:
(a)
The change in use will not involve any change in structure or lot resulting in an increase in the degree to which the structure or lot is nonconforming.
(b)
To the greatest extent possible, the structure or lot will be wholly or partially brought into compliance with the Code as a result of this change of use.
C.
Extension of nonconforming uses. A nonconforming use of a conforming structure or premises may be expanded or extended into any other portion of such structure or premises, but in no case shall the expansion be greater than 25% of the gross floor area. Such shall require a finding by the Zoning Board of Appeals that such enlargement or alteration is installed or instituted in such a fashion as to minimize the detrimental effects of the nonconforming use upon adjoining conforming uses. Such expansion or extension shall be permissible only where the existing nonconforming use consists of professional office space and the existing use will be continued as professional office space.
[Amended 8-10-1998 by L.L. No. 8-1998]
D.
Repair or restoration of a nonconforming structure or a structure on a nonconforming lot. Any nonconforming structure or structure on a nonconforming lot which has been declared unsafe may be strengthened or restored to a safe condition. A nonconforming structure or structure on a nonconforming lot, which has been damaged by fire, storm, explosion, act of God, act of the public enemy or other casualty, may be repaired or reconstructed, provided that repair or reconstruction is finished within a one-year period, and further provided that any structure or building and the lot on which it is situated shall conform to the applicable requirements of this Code in force at the time the damage occurred.
E.
Discontinuance of a nonconforming use.
(1)
A structure or premises or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which such structure or premises is located, which is or hereafter becomes vacant or remains unoccupied or is not in use for a continuous period of one year, shall not be thereafter occupied or used except by a use which conforms to the use regulations then in force in the district where such structure or premises is located.
(2)
A structure or premises or portion thereof which is designed or intended for a use which is permitted in the district in which the structure or premises is located, but which structure or premises is otherwise not in conformity with law, which is or hereafter becomes vacant and remains unoccupied or is not in use for a continuous period of two years, shall not be thereafter occupied or used except upon conforming to the use regulations and other regulations of the Code of the Village of Colonie then in force in the district where the structure or premises is located.