Kinderhook City Zoning Code
ARTICLE VI
Nonconforming Uses, Buildings and Lots
§ 250-39 Continuance of nonconforming uses permitted.
Except as provided in this article and subject to the terms of this article, nonconforming uses may be continued in any zoning district of the Town of Kinderhook.
§ 250-40 Conditions on continuance of nonconforming uses.
A.
Except as herein provided, no nonconforming use may be reestablished after it has been discontinued or vacated for a period of 12 months or more.
B.
No nonconforming use may be converted to a different nonconforming use unless a use variance is obtained from the Zoning Board of Appeals.
C.
If a structure containing a nonconforming use is damaged or destroyed to the extent of more than 50% of the cost of replacement of the structure, any reuses of the structure shall conform to all regulations of the zoning district in which it is located.
D.
Normal maintenance and repair of a structure containing a nonconforming use is permitted as long as the structure is not enlarged, added to or the use intensified.
E.
Any building or structure for which a building permit was issued prior to the effective date of this chapter or its amendment may be completed and used in accordance with plans and specifications submitted and approved by the Town of Kinderhook or its designee.
F.
Any nonconforming building or structure that has not received a building permit prior to the effective date of this chapter is required to register with the Town of Kinderhook or its designee within one year of the adoption of this chapter.
G.
Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
§ 250-41 Discontinuance.
Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
§ 250-42 Extension; alteration; restoration.
A nonconforming use shall not be extended, enlarged or structurally altered, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the date of adoption of this chapter shall not be deemed the extension of such nonconforming use. A nonconforming use may be rebuilt in the event of partial or total destruction thereof to occupy the same space on the lot or may be rebuilt so as to provide greater yard space and less lot coverage, but not exceeding the height of the totally or partially destroyed building.
§ 250-43 Necessary maintenance and repairs.
A building or structure of nonconforming use may be repaired or restored to a safe condition.
§ 250-44 Nonconforming bulk.
Nonconforming bulk may be continued in any zoning district in the Town of Kinderhook.
§ 250-45 Buildings under construction.
Any building or structure for which construction was begun prior to the effective date of this chapter or any subsequent amendment thereof applying thereto may be completed and used in accordance with the plans and specifications for the building or structure.
§ 250-46 Existing undersized lots.
A.
Any legally subdivided lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(1)
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
(2)
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes.
(4)
In no case need the above yard dimensions exceed those for the district in which located.
(5)
All other bulk requirements for that district are complied with.
B.
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
C.
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
§ 250-47 Reduction in lot area.
No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
§ 250-48 Lots shown on approved subdivision plats.
In accordance with Town Law § 265-a, any lot proposed for residential use in a subdivision whose plat delineates one or more new streets, roads or highways, and which said subdivision plat has been properly approved by the Planning Board and filed in the office of the County Clerk prior to the passage of this chapter, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district shall be considered as complying with such minimum lot requirements for two years after the filing of the subdivision plat.