Niskayuna Town City Zoning Code
ARTICLE IX
Nonconforming Uses and Structures
§ 220-49 Continuation of lawful nonconforming uses.
A.
Except as provided in this article, any use of land or a building or structure or part thereof established at the time that this chapter or any amendment hereto becomes effective may be continued subject to the provisions of this article, although such building, structure or use does not conform to the provisions of the district in which it is located.
B.
Determination of continuation of a lawful nonconforming use. A lawful nonconforming use shall be considered established on such effective date only if:
(1)
Such use of land, building, structure or part thereof is lawfully maintained prior to and on the effective date;
(2)
Substantial construction is under way under a valid zoning and building permit prior to and on the effective date. Substantial construction shall be interpreted as the expenditure of a sum on excavation and construction to exceed 25% of the estimated cost of such structure or improvement as stated in the zoning and building permit. The issuance of a zoning and building permit shall not be sufficient to establish a vested right to the permitted use and entitle the property to a nonconforming use status; or
(3)
Substantial planning and development has been undertaken in a real estate subdivision for the proposed construction of single-family dwellings as set forth in an R-1 District prior to the effective date of this chapter to the extent that major roadways have been cut in and installed which serve to connect subsections within the subdivision; that parklands have been dedicated and installed through the subdivision; and that the Planning Board has previously for the past seven years approved sufficient prior subsections consisting of at least 25% of the land area contained in the overall development as shown on a subdivision map before the Planning Board. The nonconforming use status shall only apply to those lots in such a real estate subdivision for a period of 14 years from July 1, 1971, the effective date of this chapter, provided that such lots have a minimum frontage of 100 feet at the building line and a minimum area of at least 15,000 square feet, except that those lots affected by a zoning change of the Town Board dated May 7, 1968, may have a lot area of not less than 14,000 square feet, and provided further that in any such real estate subdivision the total number of lots developed after July 1, 1978, which fail to meet the minimum area requirement of 18,000 square feet shall not exceed 165.
[Amended 9-5-1978 by Res. No. 235][1]
[1]
Editor's Note: Former Subsection C, Registration and permit to continue existing lawful nonconforming uses, which immediately followed this subsection, was repealed 10-27-1992 by L.L. No. 8-1992.
§ 220-50 Discontinuance of nonconforming use.
[Amended 10-27-1992 by L.L. No. 8-1992]
When a nonconforming use of land, building or structure has been discontinued for a period of not less than one year, it shall not thereafter be reestablished and the future use of the land, building or structure shall be in conformity with the terms of this chapter.
§ 220-51 Termination of nonconforming use.
A.
Automobile wrecking yards and junkyards. Any nonconforming automobile wrecking yard and/or junkyard in existence at the time of effective date of this chapter or an amendment thereto shall be discontinued in those districts where such use is not allowed within three years from such effective date.
B.
Signs. Any sign(s) which becomes nonconforming upon the effective date of this chapter shall be removed or altered so as to conform to Articles V and VI of this chapter within three years after such effective date.
C.
Mobile homes. Any mobile home used for living or sleeping purposes, but not located in a mobile home park or trailer park, which shall have been in existence and was so used and occupied at the effective date of this chapter, shall continue to remain a nonconforming use while so used or occupied as a residence, but if any such mobile home shall be removed then said nonconforming use of the land shall cease.
D.
Yard uses. Any prohibited yard use specified in § 220-16A(2) of this chapter which becomes nonconforming upon the effective date of this chapter shall be altered so as to conform within two years after such effective date.
E.
Landscaping and screening; unenclosed uses. Any unenclosed uses specified in § 220-21B of this chapter which become nonconforming upon the effective date of this chapter shall be altered so as to conform within two years after such effective date.
F.
Regulation of nuisance elements. Any nuisance elements as defined in § 220-23B of this chapter which become nonconforming on the effective date of this chapter shall be altered so as to conform to the standards in § 220-23C within two years after such effective date.
§ 220-52 Changes in nonconforming uses.
[Amended 6-6-2000 by L.L. No. 2-2000]
A.
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
B.
Notwithstanding the above, any professional office located within an R-2 Zoning District and deemed to be a nonconforming use under the terms of § 220-49 shall be permitted to be used for professional offices or for general business offices without affecting its lawful nonconforming use status.
§ 220-53 Alteration of nonconforming buildings or structures.
[Amended 9-19-1974 by Res. No. 276]
A.
General. A nonconforming building may be structurally altered as long as cumulative alterations do not add more than 10% to the usable floor area of said building or structure as it existed on July 1, 1971, and when a valid zoning and building permit has been obtained. Such alteration shall not tend to increase any inherent nuisance, nor shall such alterations violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provision.
B.
Side and rear property lines. Subsection A notwithstanding, the Building Inspector may issue a building permit for an addition to a nonconforming residential structure which brings the addition into a nonconforming side or rear yard no nearer to a side or rear property line than the existing structure and no nearer than 1/2 the distance specified in a particular residential zoning district.
[Amended 10-27-1992 by L.L. No. 8-1992]
§ 220-54 Maintenance of nonconforming use.
A nonconforming use is hereby required to be maintained in such a condition as will not constitute a danger to the safety, health or general welfare of the public. Repair of the nonconforming use, in order to comply with the provisions of this section, will be permitted, provided that such repair shall not increase any inherent nuisance, nor be an extension or alteration of the structure, nor violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or to increase any existing violations of such provisions. Failure to comply with these requirements shall cause a lawful nonconforming use to be automatically terminated when maintenance has not been completed within 12 months of notification of the owner by the Zoning Enforcement Officer.
§ 220-55 Restoration of nonconforming use, building or structure after damage.
A.
Damage. Any nonconforming building or structure or building or structure containing a nonconforming use which is damaged by fire, flood, wind, earthquake, act of nature or man shall not be reoccupied, reused and/or repaired or reconstructed except in conformity with this chapter unless such repair or reconstruction is completed within 12 months of the damage. Failure to so repair or reconstruct within 12 months shall cause a lawful nonconforming use to be automatically terminated. The Town Board is empowered to extend this period upon receipt of a written request from the owner at least 30 days in advance of the expiration of the twelve-month period.
B.
Exemption of dwelling buildings and structures. The limitations of Subsection A shall not apply to a building or structure utilized as a dwelling or accessory building thereto which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which located, except that no dwelling, building or structure shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.