Croton On Hudson City Zoning Code
ARTICLE IX
Nonconforming Buildings and Uses
§ 230-53 Regulation and control.
Subject to the provisions of § 230-54, the following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter, to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses:
A.
Any nonconforming use, except those nonconforming uses specified in Subsection E may be continued indefinitely, but:
(1)
Shall not be enlarged, extended, reconstructed or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
[Amended 1-19-1999 by L.L. No. 1-1999; 11-15-1999 by L.L. No. 10-1999]
(2)
Shall not be changed to another nonconforming use without a special permit from the Village Board of Trustees and then only to a use which, in the opinion of said Board, is of the same or a more restricted nature.
(3)
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Except as provided in Subsection D below, no building which houses a nonconforming use shall be:
(1)
Structurally altered or enlarged.
(2)
Moved to another location where such use would be nonconforming.
(3)
Restored for other than a conforming use after damage from any cause exceeding 50% of the replacement cost of such building, exclusive of foundations. Any such building, damaged to a lesser extent may be restored but not enlarged and the nonconforming use reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
C.
Normal maintenance and repair, structural alteration in or moving, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to the district regulations for lot area, lot width, front yard, side yard, rear yard, maximum height, maximum lot coverage or minimum habitable floor area per dwelling is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building.
[Amended 1-21-1985 by L.L. No. 1-1985]
D.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building, the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Village Engineer shall state the precise reason why such alterations were deemed necessary.
E.
Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the Village to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after November 10, 1960, which period of time as specified for the purpose of permitting the amortization of the remaining values, if any, of such use shall be as follows:
(1)
In any residence district, any nonconforming use of open land, including such uses as a parking lot, trailer, junkyard or open storage yard for materials or equipment, may be continued for two years after November 10, 1960, provided that on the expiration of that period such nonconforming use shall be terminated.
(2)
In any residence district, any sign not of a type permitted or of a permitted type but greater than two times the maximum permitted size may be continued for one year after November 10, 1960, provided that on the expiration of that period such nonconforming use shall be terminated.
(3)
In any nonresidential district, any sign not of a type permitted or of a permitted type but greater than two times the maximum permitted size may be continued for two years after November 10, 1960, provided that on the expiration of that period such nonconforming use shall be terminated.
§ 230-54 Interpretation.
A.
In no event shall any use unlawfully established under the Village of Croton-on-Hudson Zoning Ordinance of 1931 and the Zoning Map constituting a part thereof, as said ordinance and Map shall have been amended prior to adoption of this chapter, be deemed to be a nonconforming use under this chapter.
B.
Any building, structure or use constructed in conformance with a site development plan approved pursuant to the Riverfront Development Use (RDU) District provisions, prior to their repeal from this chapter, shall not be considered nonconforming in the context of this article of this chapter. However, said building, structure or use shall continue to be bound by said approved site development plan.
[Added 2-16-1999 by L.L. No. 3-1999]