Greenfield City Zoning Code
ARTICLE V
Nonconforming Land, Structures and Uses
§ 105-41 Continuation and prior approval.
The use of land, buildings or structures lawful at the time of adoption or subsequent amendment of this chapter may continue although such use does not conform to the provisions of this chapter. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with previous laws or for which a final permit had been duly granted prior to the date of adoption of this chapter or any applicable amendment thereto.
§ 105-42 Regulation of nonconforming uses and structures.
Except as provided herein, no nonconforming uses or structure may be enlarged, extended, reconstructed, substituted or structurally altered.
B.
Repairs, maintenance and structural additions.
(1)
Nonconforming uses.
(a)
Normal maintenance, repairs and alterations incidental to a building or other structure containing a nonconforming use are permitted, provided that they do not extend the area or volume of space occupied by the nonconforming use. If the building or structure containing the nonconforming use needs to be replaced for the reasons set forth in Subsection B(2)(b) below, the provisions set forth herein shall apply.
(b)
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no alterations shall be made which would increase the number of dwelling units or square footage.
(2)
Nonconforming structures.
(a)
A nonconforming structure may be the site of a minor exterior structural addition or alteration (defined as an unenclosed porch, deck, stairway or other similar facility), provided that such proposed construction conforms in all respects to the affected district's height, setback and yard requirements and does not increase the degree of any yard, bulk, parking or other nonconformity of the existing property. The enlargement or addition may be initiated without a variance upon issuance of a building permit in accordance with Chapter 54, Fire Prevention and Building Construction, of the Code of the Town of Greenfield, New York.
(b)
A nonconforming structure which houses a conforming or nonconforming use which has deteriorated (through the normal use or age of that structure) to a point where the structure needs to be replaced in order to ensure that the health, safety and general welfare of the occupants is safeguarded, or if the cost of maintenance and repair of the structure is not cost effective, may be replaced after a site plan review by the Planning Board. This review shall be conducted prior to when any demolition or removal of the structure begins. If the nonconforming structure is demolished or removed prior to review, it shall constitute an abandonment as regulated under § 105-43 and shall not be replaced/reestablished.
§ 105-43 Termination of nonconforming uses and structures.
A.
Abandonment. The discontinuance of a nonconforming use or structure for a period of one year shall be considered abandonment thereof, and such nonconforming use shall not be revived.
B.
Change of use. The change of a nonconforming use or structure to a more restricted or conforming use for any period of time shall be considered abandonment thereof, and such nonconforming use shall not be revived.
§ 105-44 Damage or destruction.
A.
Partial damage.
(1)
Where any nonconforming structure or use is partially damaged or destroyed, other than by demolition, to the extent of 50% or less of the cost of replacement of the entire structure new, the proof to be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies, repairs may be made to reconstruct the structure, upon issuance of a building permit in accordance with Chapter 54, Fire Prevention and Building Construction, of the Code of the Town of Greenfield, New York, and it shall be used as it existed prior to the damage. No repairs or restorations shall be made which increase the degree of any yard, bulk, parking or any other nonconformity existing prior to the damage.
(2)
In the event that a structure remains vacant due to partial damage, the owner or agent shall have one year to receive a building permit. In the event that the building remains vacant for one year without the issuance of a building permit, it shall constitute an abandonment as regulated under § 105-43 and shall not be restored. Proof of proper application within allowable time periods shall be the responsibility of the applicant.
B.
Substantial damage or destruction. In the event that any nonconforming structure or use is substantially damaged or destroyed, by any means other than demolition, to the extent of more than 50% of the cost of replacement of such structure new, proof should be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies. Such structure shall not be restored unless, if within 30 days after the substantial damage, the owner of said nonconforming use notifies the Zoning Administrator, in writing, of his intent to restore said nonconforming use substantially to the conditions existing prior to the disaster. It is the owner's responsibility to provide documentation of existing nonconforming conditions prior to the disaster to satisfy the Zoning Administrator. In that instance, the Zoning Administrator shall permit the issuance of a building permit within 30 days of receipt of the written notice of intent for such substantial restoration without further action. Restoration under this section shall be commenced within six months of the date of issuance of a building permit, and restoration shall be completed within one year of the issuance of the building permit. In the event that the Zoning Administrator is not notified of the intent to restore the nonconforming use within the time limit stated, such structure shall not be restored unless the structure and use thereof shall conform to all current regulations of this chapter.
C.
Demolition. Except as provided in § 104-44A and B above, where any nonconforming structure or use is partially or substantially damaged or destroyed by demolition, repairs may not be made to reconstruct the nonconforming use as it existed prior to the damage. Any and all restoration shall conform to all current regulations of this chapter.
§ 105-45 Regulation of nonconforming lots.
A.
Single unimproved lots. A single, unimproved, lawfully nonconforming lot held in single ownership as of February 22, 1991, may be used as if it were a conforming lot, provided that all of the following conditions are met:
[Amended 7-12-2007 by L.L. No. 2-2007; 11-12-2009 by L.L. No. 2-2009]
(1)
The proposed use is permitted by current regulations of the particular district.
(2)
The use conforms spatially to all other requirements of the particular district, including all space and bulk requirements, except lot size, frontage and depth, or a variance has been obtained from the Zoning Board of Appeals.
(3)
The use conforms to all other applicable local and state land use regulations.
(4)
The lot has a minimum area of one acre, or a variance has been obtained from the Zoning Board of Appeals.
B.
Multiple unimproved lots. Two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of March 22, 2007, shall be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located and thereafter shall be considered under the provisions of § 105-45A.
[Amended 7-12-2007 by L.L. No. 2-2007; 11-12-2009 by L.L. No. 2-2009]
C.
Lots within approved subdivisions.
(1)
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to the passage of this chapter with area and dimensions of less than the specified minimum lot requirement of this chapter for that district but in compliance with the minimum standards set forth in § 105-45A may be considered in compliance with this chapter, and no variance shall be required.
(2)
Any lot on an approved final plat, filed with the officer of the county prior to the passage of this chapter, with area dimensions of less than the specified minimum lot requirement of this chapter and not in compliance with the minimum standards set forth in § 105-45A shall be exempt from compliance with such revised minimum lot requirements for a period of three years after the filing of the subdivision plat or first section thereof.