Cornwall On Hudson City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 172-49 Continuing existing uses and structures.
Except as otherwise provided herein, the lawfully permitted use of lands or structures (which by definition include buildings) in existence at the time of adoption of this chapter, and any amendments thereto, although nonconforming to the standards specified in this chapter, may be continued subject to the conditions set forth below. Such uses shall be deemed "nonconforming uses" and such structures shall be deemed "dimensionally nonconforming."
§ 172-50 Nonconforming use of land or structures.
A.
The "nonconforming use" of land may be continued; provided, however, that it may not be physically enlarged or intensified, moved in whole or in part to any other portion of the lot or parcel of land, extended to occupy a greater area of land nor shall external evidence of the use be increased by any means at all.
B.
A structure containing a nonconforming use shall not be enlarged, extended or altered structurally unless the use is changed to a conforming use or except to conform to an order of the Code Enforcement Officer to either correct an unsafe condition or to conform to the requirements of applicable laws or regulations.
C.
No nonconforming use of a structure shall be enlarged or extended, except throughout any parts of the structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption or amendment of this chapter.
D.
No nonconforming use shall be changed to another nonconforming use, except as provided in § 172-53.
E.
Discontinuance. If a nonconforming use is discontinued or ceases for any reason for a total time of 12 months during any thirteen-month period or is changed to a conforming use, any future use shall be in conformity with the provision of this chapter.
(1)
A nonconforming use will be deemed to be discontinued when either the activities consistent with or required for the operation of the nonconforming use have ceased or the structure in which the nonconforming use was conducted is substantially vacated and the activities consistent with or required for the operation of such nonconforming use have substantially ceased.
(2)
A discontinuance within the meaning of this chapter may occur regardless of whether an intention to abandon the nonconforming use exists and irrespective of the adaption of the structure to that activity. On application, however, the Zoning Board of Appeals may extend the period upon such terms and conditions as it may deem appropriate, upon a finding that the twelve-month time is not reasonable in its application to the particular premises considering the characteristics of the use, the investment made in it, the circumstances of the discontinuance and the suitability of the structure for a permitted use.
F.
If any structure containing a nonconforming use is removed, the subsequent use of the land and any future structure must comply with the standards specified by this chapter.
§ 172-51 Dimensional nonconformity.
A structure that is conforming to use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, loading or similar dimension requirements of this chapter shall be deemed to be "dimensionally nonconforming." Normal maintenance, repair, structural alteration, reconstruction and alterations to decrease dimensional nonconformity are permitted. No permit shall be issued that will result in the increase of any dimensional nonconformity without a variance from the Zoning Board of Appeals.
§ 172-52 Reconstruction.
A.
A structure containing a nonconforming use, which is destroyed or damaged by any means to an extent of more then 50% of the replacement cost of the entire structure, may not be reconstructed or used except in conformity with the provision of this chapter.
B.
A structure containing a nonconforming use, which is destroyed or damaged by any means to an extent of 50% or less of the replacement cost of the entire structure, may be reconstructed and any accompanying nonconforming use continued if the reconstruction is completed within one year of the date of such damage, and further provided that it shall be reconstructed according to a plan approved by the Zoning Board of Appeals to result, where reasonable, in greater conformity with this chapter.
§ 172-53 Change to other nonconforming use.
A.
On application, any nonconforming use may be changed to another nonconforming use upon approval by the Zoning Board of Appeals. The Zoning Board of Appeals must find that the proposed use is more appropriate to the district than the existing nonconforming use by being less intrusive to the surrounding properties.
B.
In considering such change, the Zoning Board of Appeals shall comply with the State Environmental Quality Review Act[1] and shall make specific findings of fact as to both the nonconforming use and the proposed nonconforming use concerning each of the following factors: site layout (design and location of structures, access routes, parking, waste storage, material handling, and utilities); air quality and water resources (surface water drainage) and noise characteristics; pedestrian traffic, transportation services (vehicle mix, peak traffic flow hours, adequacy of parking and access/egress from site).
[1]
Editor's Note: See Environmental Conservation Law Article 8.
C.
The Board shall require compliance with § 172-53.1 and may impose additional conditions and safeguards it deems necessary or appropriate to further the purposes of this chapter. In addition, any approval shall require a site plan approved by the Planning Board for any changes to the existing site conditions not shown on a previously approved plan.
§ 172-53.1 Improvement of nonconforming uses.
In order that nonconforming uses may gradually be brought into greater conformity with this chapter and their adverse external effects reduced, the owner of the nonconforming use may be permitted to make limited changes to such structure or use with a site plan, whereby through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking lots and access drives or by any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Planning Board which may then grant approval with modifications, provided that said Board finds that the purposes of this section shall be met.
§ 172-53.2 New structures on lots smaller than minimum required area or dimension.
Where the required area or dimensions of lots are changed by an amendment to this chapter, any lot legally in existence on that date and made nonconforming by such amendment may be built upon only as provided in this section. A permit may be issued for the erection of a structure for a permitted use on a lot for which a valid deed or other conveyance was recorded before adoption of this chapter or amendment, although the area or dimensions of the lot are less than that required for the district in which the lot is located, if:
A.
The lot met the zoning requirements at the time the deed to the lot was recorded or the title to the lot was conveyed.
B.
The owner of the lot has not also held title to any other lot or lots contiguous thereto with which it could have been combined at the time of or since the adoption of this chapter or any amendments thereto which rendered the lot nonconforming.
C.
If the owner of the nonconforming lot has owned or does now own any other lot or lots contiguous thereto, they shall be combined with the nonconforming lot to make one or more conforming lots.
D.
A nonconforming lot satisfying the requirements in Subsections A, B and C of this section shall, at the time the building permit is applied for, be developed in conformity with all applicable district regulations other than the minimum lot area and lot width requirements and with the minimum side yards set forth below:
For Lots With Width | ||||
|---|---|---|---|---|
For Single-Family Residence in: | Greater Than (feet) | Less Than (feet) | Minimum Side Yard (feet) | Total Both Side Yards (feet) |
CR-2 and | 100 | 150 | 20 | 50 |
CR-1 Districts | 80 | 100 | 12 | 30 |
60 | 80 | 10 | 27 | |
— | 60 | 7 1/2 | 4 inches for each foot of lot width | |
SR District | 80 | 100 | 12 | 30 |
60 | 80 | 10 | 27 | |
— | 60 | 7 1/2 | 4 inches for each foot of lot width | |