Cooperstown Village
City Zoning Code
City Zoning Code
ARTICLE IX
Nonconformities and Noncompliance
§ 300-49 Intent.
A.
Within the districts established by this chapter or amendments that may later be adopted there exist uses of land, or uses of structures, or uses of structures and land which were lawful before this chapter was passed or amended, but which would be prohibited or restricted under the terms of this chapter or future amendment, herein referred to as "nonconforming uses." There may also exist lots or structures or lots and structures which would be regulated and restricted in ways other than their use, herein referred to as "noncomplying lots or structures."
B.
It is the intent of this chapter to permit such nonconforming or noncomplying uses to continue until they are removed or discontinued, since they are felt to be incompatible with the permitted uses in the districts involved. In some special cases, approved by the Board of Appeals, they may be changed to another nonconforming use or to a use determined to be more conforming than the existing use. However, existing nonconforming transient rental units shall be subject to the regulations under § 300-17.1 for annual registration and conditions of termination.
[Amended 1-18-2018 by L.L. No. 1-2018]
C.
It is the general intent of this chapter that nonconforming or noncomplying uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other uses prohibited elsewhere in the same district or in the Village.
§ 300-50 Nonconforming uses.
[Amended 11-24-2014 by L.L. No. 14-2014; 2-23-2015 by L.L. No. 3-2015; 11-25-2019 by L.L. No. 11-2019]
A.
Uses of land. Where at the effective date of adoption or amendment of this chapter lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use will be considered a nonconforming use, but may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming use may be expanded or intensified to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2)
No such nonconforming use may be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter;
(3)
If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land must conform to the regulations specified by this chapter for the district in which such land is located.
B.
Uses of structures or structures and land. Where at the effective date of adoption or amendment of this chapter lawful use of a structure or structure and land in combination exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use will be considered a nonconforming use, but may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter in the district in which it is located may be enlarged, extended, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located or to meet health and safety codes for the existing nonconforming use;
(2)
A nonconforming use may exist only in or on that portion of a building, structure, or land that was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter and may not be expanded or intensified except as allowed under § 300-16E(2);
(3)
Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use must thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;
(4)
When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of a year (12 months) or more, the structure or structure and land in combination must not thereafter be used except in conformance with the regulations of the district in which it is located;
(5)
Where nonconforming use status applies to a structure or to a structure and land in combination, removal of the structure will eliminate the nonconforming status of the land;
(6)
Where nonconforming use status applies to a structure or to a structure and land in combination, and the structure is damaged or destroyed by any means, it may not be repaired or restored or its use continued as a nonconformity unless such repair or restoration commences within one year from the time of such damage or destruction. Failure to so repair or restore or so resume such use will eliminate the nonconforming status of the land.
§ 300-51 Noncomplying lots or structures.
[Amended 11-25-2019 by L.L. No. 11-2019]
A.
Lots of record.
(1)
A lot of record will be considered nonconforming if it does not meet the requirements for lot width or lot area set forth in §§ 300-10 to 300-15 of this chapter.
(2)
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and accessory uses or structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
(3)
Variance of yard dimensions and other requirements may be obtained only through action of the Zoning Board of Appeals.
B.
Structures, Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure will be considered a nonconforming structure and may continue to exist subject to the following provisions.
(1)
No such structure may be enlarged or altered in a way which increases its noncompliance unless a variance has been granted by the Zoning Board of Appeals.
(2)
Should such structure be damaged or destroyed by any means, it may not be repaired or restored or its nonconforming uses continued unless such repair or restoration commences through physical work or permitting processes within one year from the time of such damage or destruction unless varied by the Zoning Board of Appeals.
(3)
Should such structure be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the district in which it is located after it is moved.
§ 300-52 Repairs and maintenance.
A.
On any building devoted in whole or in part to any nonconforming or noncomplying use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50% of the true value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
B.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 300-53 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 similar in character with the uses permitted in the district in which said change of use is proposed. Any nonconforming structure or structure and land may be changed to a conforming use, regardless of whether the newly created conforming use is noncomplying as to bulk, subject to approval by the Board of Appeals, subject to the same general considerations applicable to the granting of special permits and subject to site development plan approval.