Greenwood Lake City Zoning Code
ARTICLE IV
Regulations Pertaining to All Districts
§ 120-9 Water meters required for new construction.
All new construction will require the installation of water meters.
§ 120-9.1 Nonpermitted activities.
At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or the use in such a manner as to cause injury, annoyance or disturbance to any other surrounding properties or to their owners or occupants.
§ 120-10 Nonconforming uses, buildings and structures.
A.
The following provisions shall apply to all uses, buildings and structures existing on the effective date of this chapter, which uses, buildings and structures do not conform to the requirements set forth in this chapter; to all uses of buildings, structures or land 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, structures or land housing nonconforming uses.
B.
Each nonconforming use specified in the following subsections 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 was to have been terminated on or before the third year following the enactment of the Zoning Law in effect prior to the enactment of this chapter, which period of time was allowed for the purpose of permitting the amortization of the remaining value, if any, of such use:
(1)
In any residential district [R-40, R-20, R(W)-20 and R-120], any nonconforming use of open land, including such uses as a parking lot, house trailer, junkyard, motor vehicle junkyard, petroleum bulk storage facility or open storage yard for materials or equipment, is hereby prohibited.
(2)
In any residential district [R-40, R-20, R(W)-20 and R-120], any sign not of a type permitted but greater than the maximum permitted size is hereby prohibited.
(3)
Nonconforming uses, other than those specified in Subsections B(1) and (2) above:
[Amended 11-13-2000 by L.L. No. 2-2000]
(a)
May continue indefinitely.
(b)
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.
(c)
Shall not be changed to another nonconforming use without a use variance from the Zoning Board of Appeals and then only to a use which is the same or of a more restricted nature.
(d)
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.
(4)
Noncomplying bulk. A building or structure that is conforming in use but does not comply with the lot, yard, height, lot coverage, off-street parking, off-street loading or similar bulk requirement of this chapter shall be deemed to possess noncomplying bulk. No permit shall be issued that will result in the increase of such noncompliance, but any building or structure or portion thereof may be altered to decrease its noncomplying bulk.
(5)
Noncomplying bulk in the CS District. A change of use or the multiple use of an existing building or structure that conforms to the use requirements of the CS District, but possesses noncomplying bulk, shall not require an area variance from the bulk requirements of that district if the building does not undergo any structural alteration resulting in its enlargement. However, any change of use or multiple use of said structure which would require an increase in the number of off-street parking spaces shall be subject to Planning Board review. The Planning Board shall determine whether site plan approval is required or whether said parking requirements may be waived in accordance with § 120-36C of this chapter.
(6)
Permitted uses made special permit uses. Any use lawfully in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special use permit to the extent that such use is legally conforming as of the date immediately prior to the effective date of this chapter. Any further extension of such use shall require approval as an amendment to the special use permit.