Haverstraw City Zoning Code
ARTICLE VII
Nonconforming Use and Bulk Regulations
§ 245-29 Applicability.
This Article VII applies only to uses in existence on the effective date of this chapter. Except as otherwise expressly provided in § 245-31, the lawful use of any premises existing on the effective date of this chapter may be continued although neither such use nor the bulk of same conforms to the regulations. The effective date of this chapter as referred to in this Article VII shall also include the effective date of any subsequent amendment to this chapter which may cause any use to become a nonconforming use subject to the regulations herein, provided that a use in existence at the effective date of this chapter, which use is permitted by special permit within the district in which the use is located, shall be considered a conforming use for the purposes of this chapter and shall not be required to obtain a special permit to continue said use.
§ 245-30 Building with nonconforming bulk.
Normal maintenance and repair, structural alterations in and the moving, reconstruction or enlargement of a building with nonconforming bulk is permitted with the approval of the Zoning Board of Appeals if the same does not increase the degree of or create any new nonconforming bulk in such building, provided that said repair or reconstruction is completed within one year after destruction of said building.
§ 245-31 Nonconforming use.
A.
Repair and alteration. Normal maintenance and repair of an incidental alteration in a building occupied by a nonconforming use is permitted if it does not extend the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except:
B.
Change of use. Any nonconforming use may be changed to any conforming use, or on application to and with the approval of the Zoning Board of Appeals, to any use which the Board of Appeals deems to be more in the district in which the said change of use is proposed.
C.
Discontinuance of use. If active and continuous operations are not carried on with respect to a nonconforming use during a continuous period of one year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
D.
Extension or enlargement. Extension or enlargement shall mean:
(1)
In the case of a nonconforming use in a building, the enlargement of such building so as to create additional floor area, the extension within any existing building to any portion of the floor area therein not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming, or extension of the use of an area outside of the building.
(2)
In the case of a nonconforming nonbuilding use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter. A nonconforming use shall not be extended, except as follows: to the extent the district bulk regulations permit, on application to and with the approval of the Zoning Board of Appeals.
E.
Damage and destruction. If a building occupied by a nonconforming use is damaged to the extent of 50% or more of its real value, such building may be repaired, provided that substantial work is undertaken within one year after such damage; otherwise such building shall thereafter be occupied only by a conforming use. This provision shall not prevent the repair of nonconforming buildings damaged to the extent of less than 50% of its real value.
F.
Termination of certain nonconforming uses and nonconforming features of such uses. Each of the nonconforming uses and nonconforming features of such uses specified in this section may be continued after the effective date of this chapter for a reasonable period of amortization, as specified below, provided that after the expiration of such period of amortization such nonconforming uses or nonconforming features thereof shall then be terminated as specified below:
(1)
Nonconforming signs and storefront protective grilles. In any district, any advertising sign, or any other sign not of a type permitted or which does not conform to the requirements of this chapter, may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated. Nonconforming storefront protective grilles shall be subject to the same three-year limitation.
(2)
Nonconforming open storage yards, outdoor displays or junkyards in any residential district, PO, HB, CBD, WD or M District. Any nonconforming open storage yard or any outdoor display or storage of merchandise in connection with an auction establishment or store specializing in secondhand merchandise, in any residential district, PO, HB, CBD, WD or M District, which is nonconforming, either because not permitted in the district or because not located within a completely enclosed building, may be continued for one year after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building. Any nonconforming junkyard in any residential district, PO, HB, CBD, WD or M District may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated.
(3)
Nonconforming manufacturing uses in residential districts. In any residential district, any nonconforming manufacturing use which is first permitted by right in the PI District may be continued for 10 years after the effective date of this chapter or 30 years after the initial establishment of such use or any addition thereto adding 50% or more to the real value of such use, whichever is the longer period, provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use shall be required to be terminated if it can conform to the performance standards in Article IV.
(4)
Nonconforming parking of commercial vehicles in residential districts. In any residential district any nonconforming parking of commercial vehicles may be continued for one year after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated.
(5)
Nonconforming parking and loading spaces.
(a)
In any district, nonconforming parking and loading spaces may be continued for two years after the effective date of this chapter, provided that, after the expiration of this period, and provided further that the owner of the nonconforming premises has sufficient available open land at the site to provide parking and loading spaces which conform to the requirements of this chapter, such nonconforming use and feature shall terminate.
(b)
Within one year after the effective date of this chapter, the owners of all nonconforming uses situated in nonresidential districts shall provide such landscaping and screening as shall be required by the Zoning Board of Appeals to protect the residential character of the surrounding R Districts.
G.
Modification by Zoning Board of Appeals. If, on application made at least six months before the expiration of the period prescribed in Subsection F of this section for termination of a nonconforming use or nonconforming feature thereof, the Zoning Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use or nonconforming feature thereof, then the Zoning Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed, and such extension can be granted only once for any use.
H.
Certificate of occupancy for legal nonconforming use. Upon written request from the owner or occupant, the Code Enforcement Officer shall issue a certificate of occupancy for any existing lawful nonconforming use and occupancy of a building or land after verification by inspection of the same, provided that there are no violations of law or orders of the Code Enforcement Officer or Zoning Board of Appeals pending at the time of issuing such certificate. In addition, affidavits or other competent evidence must be submitted to the Code Enforcement Officer certifying that the use was lawfully established after, or existed prior to, the appropriate effective date of the Zoning Chapter of the Code of the Village of Haverstraw.