Jerusalem Town City Zoning Code
ARTICLE XIII
Nonconforming uses
§ 160-56 Continuance.
[Amended 1-16-2019 by L.L. No. 1-2019]
A.
Except as otherwise provided in this article, a nonconforming lot may continue to exist provided that it shall not be reduced in size nor shall it otherwise have its boundaries altered.
B.
Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter, provided that:
(1)
The lot, on which such nonconforming use or building is situate, is not reduced in size.
(2)
No nonconforming building may be enlarged, extended or increased except as follows:
(a)
The height of the nonconforming building may be increased provided such increase is within the height limits required by this chapter, as determined by the Code Enforcement Officer;
(b)
Horizontal expansion of the nonconforming building shall be permitted provided such horizontal expansion does not increase the degree of nonconformance and further provided such horizontal expansion conforms with all other regulations of this chapter, as determined by the Code Enforcement Officer.
(3)
No nonconforming use may be expanded.
§ 160-57 Abandonment.
A.
Failure to exercise any nonconforming use for a period of one year or more shall terminate such nonconforming use of the structure or premises, and thereafter such structure or premises shall be used only in conformity with the provisions of this chapter. Upon application, the Zoning Board of Appeals, for good cause shown, may extend the termination date of any nonconforming use to such date as will not exceed two years in total from the date of failure to exercise a nonconforming use commenced. Such extension shall be granted by the Zoning Board of Appeals only in such cases where the purposes of this chapter will not be offended.
B.
A nonconforming use shall be considered abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
§ 160-58 Restoration.
[Amended 6-14-1995 by L.L. No. 4-1995]
A.
Any building or structure which exists on a nonconforming lot may be restored, reconstructed or replaced. It may be expanded, provided that said structure does not exceed twenty-percent coverage of the square footage of the lot and meets all the setbacks and height requirements set forth in this chapter.
B.
Any nonconforming building or structure may be restored, reconstructed or replaced as follows:
[Amended 1-16-2019 by L.L. No. 1-2019]
(1)
The height of the restored, reconstructed or replaced building or structure may be increased provided such increase is within the height limits required by this chapter;
(2)
Horizontal expansion of the restored, reconstructed or replaced building or structure shall be permitted provided such horizontal expansion does not increase the degree of nonconformance and further provided such horizontal expansion conforms with all other regulations of this chapter.
(3)
The restored, reconstructed or replaced building or structure shall otherwise be sited as before on the same outline or footprint of the original, nonconforming building or structure.
C.
The applicant shall submit an application for a building permit in full compliance with Article XIV, § 160-65, and, in addition, shall submit specifications and a dimensioned plan to scale indicating the shape, size, height and location of the building or structure as it exists or existed before demolition or damage.
D.
Before any changes are made to such building or structure, the Code Enforcement Officer must inspect the building footprint and an exact location of the building or structure shall be established.
[Amended 1-8-2003 by L.L. No. 1-2003]
E.
The applicant shall provide as much documentation as possible, including a survey map showing the location of the present and proposed structure as described in § 160-65C(1).
F.
Such restoration must be completed within two years of the issuance of the building permit or the use of such building or structure as a legal nonconforming building or structure shall thereafter be terminated.
§ 160-59 Reversion.
No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.
§ 160-60 Creation of nonconforming use by change in boundaries.
When the boundaries of a use district shall be changed so as to transfer an area from one use district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
§ 160-61 Construction approved prior to adoption.
Nothing herein contained shall require any change in plans, construction or designated use of a building, structure or sign for which a building permit or certificate has heretofore been issued, and the construction of which shall have been diligently prosecuted within three months of the date of such permit or certificate, the the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit or certificate, and which the entire building shall be completed according to such plans as filed within two years from the date of the adoption of this chapter.
§ 160-62 Inspection of existing use.
[Amended 1-8-2003 by L.L. No. 1-2003]
At any time after the effective date of this chapter, upon written request of the user of any building or premises or at the insistence of the Code Enforcement Officer, an examination by the Code Enforcement Officer of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with the proposed certificate of existing use, which shall clearly describe the premises and structure, if any, referred to and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be filed with the Town Clerk, one copy of which shall be furnished to the Zoning Board of Appeals and one copy of which shall be furnished to the owner or tenant. The Zoning Board of Appeals shall have 30 days from the date it receives such proposed certificate in which to affirm or deny such proposed certificate. If the Zoning Board of Appeals approves the proposed certificate, the Code Enforcement Officer shall deliver by mail, or otherwise, a copy of the certificate to the owner or user. The Zoning Board of Appeals shall have the power to examine into the facts upon its own motion and amend such proposed certificate in accordance with its findings. If the Zoning Board of Appeals takes no action within 30 days from the date of its receipt of the proposed certificate, and the Code Enforcement Officer shall deliver by mail, or otherwise, the certificate to the owner or user.
§ 160-62.1 Certificate of nonconformity.
[Added 1-16-2019 by L.L. No. 1-2019]
A.
A certificate of nonconformity issued by the Zoning Officer shall be required as part of any request to the Town to alter any preexisting nonconforming building or structure by way of additional or expanded physical modifications or any way that increases or decreases the degree of nonconformance.
B.
A certificate of nonconformity may be requested by the property owner(s) upon completion of an application, as provided by the Zoning Officer, and upon payment of the application fee, to be established by resolution of the Town Board.
C.
A certificate of nonconformity shall:
(1)
Include a map to scale depicting the boundaries of the subject property as well as physical improvements and uses.
(2)
Identify and describe all instances wherein the nonconformity fails to comply with the provisions of this chapter and the date the nonconformity was established.
§ 160-62.2 Variance process.
[Added 1-16-2019 by L.L. No. 1-2019]
A.
The alteration of any preexisting nonconformity, by way of additional, expanded or more intensive use(s), physical modifications, property boundary modifications, or any way that increases or decreases the degree of nonconformance, or the reduction in size of any lot on which a nonconforming use or building is situate, even if such alteration or reduction in size is expressly prohibited in this article, may be permitted if the Zoning Board of Appeals approves a variance for such alteration. The property owner(s) must complete an application, as provided by the Zoning Officer, and pay the application fee, to be established by resolution of the Town Board, to request such a variance.
B.
The Zoning Board of Appeals shall, in the granting of a variance pursuant to this section, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed alteration. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. The provisions of § 160-74, pertaining to time limits, shall automatically be a condition of every variance granted pursuant to this section. If the applicant refuses to accept such requirements and conditions, the area variance shall be denied.