Oneonta City Zoning Code
ARTICLE VI
Nonconformities.
§ 300-69 General guidelines.
A.
Purpose. These regulations are enacted for the purposes of governing nonconformity, regardless of whether it is a use, a structure or a lot.
B.
Continuation. Except as otherwise specified in this article, any nonconformity which lawfully existed at the time of passage of the applicable provisions of this or any prior ordinance or any amendment thereto may be continued subject to the provisions of this article.
§ 300-70 Nonconforming uses.
[Amended 3-21-2023 by Ord. No. 2-2023]
A.
Changes or modifications.
(1)
A nonconforming use may be changed to a conforming use pursuant to all applicable provisions of this chapter. When a nonconforming use has been made conforming, it shall not be made nonconforming again.
(2)
No nonconforming use shall be changed in any way that would have the effect of increasing the density, intensity, or occupancy of the nonconforming use. Any such change shall only be permitted by the Zoning Board of Appeals using the same criteria used for use variances.
B.
Discontinuance. Any nonconforming use that has been discontinued for any reason for the periods listed as follows shall not be reestablished as a nonconforming use, and any future use of the property shall be in conformity with this article.
(1)
Rooming houses housing more than three unrelated individuals and dwelling units housing more than three unrelated individuals, for a period of six consecutive months or more.
(2)
Fraternities, sororities, and membership association houses, where permitted by special use permit, for a period of six consecutive months or more.
(3)
Bars, for a period of six consecutive months or more.
(4)
All other nonconforming uses which have been discontinued for a period of 24 consecutive months.
(a)
Exceptions:
[1]
Uses listed in Subsection B(1) and B(2).
[2]
Multifamily structures legally existing at the time of the adoption of this code shall be considered both conforming in use and structure. For the purpose of this section a "legally existing structure" shall be defined as a structure either constructed or converted in compliance with any applicable building code in effect at the time of the conversion, including any required permits and/or inspections.
§ 300-71 Nonconforming structures.
Existing nonconforming buildings are buildings which, while they may or may not conform in use, do not conform in one or more area requirements such as: height, setback, yard, lot area, lot dimension, land coverage, off-street parking, loading or similar dimensional requirements of this chapter.
A.
Changes or modifications.
(1)
Such nonconformities shall not prevent normal maintenance and repair or structural repair as long as maintenance and repair do not increase said nonconformities. Any change or modification to a nonconforming structure, other than to full conformity, shall only be allowed subject to the following:
(a)
Such a change or modification should seek to reduce the degree of nonconformity and shall not expand the degree of nonconformity;
(b)
Such a change or modification shall not create any new nonconformity; and
(c)
Such a change or modification shall be subject to review under Article VII, Site Plan Review and Approval.
(2)
When any portion of a nonconforming structure has been made conforming, it shall not be made nonconforming again.
B.
Discontinuance. A nonconforming structure that has been demolished or moved shall not be rebuilt or relocated in any way other than in full conformance with the provisions of this chapter. Structures that have been damaged to the extent of more than 50% of the replacement-in-kind cost shall only be repaired or rebuilt in conformity with the provisions of this chapter. A nonconforming structure that is nonconforming because of the height, setback, yard, lot area, lot dimension, land coverage, off-street parking, loading or similar dimensional requirements of this chapter, that houses a nonconforming use which has been discontinued in accordance with this article, shall be brought into full conformance with the provisions of this chapter.
§ 300-72 Nonconforming lots or parcels.
Existing lots or parcels may contain conforming uses and structures but may not conform to the lot dimensions of this chapter. Development may occur on a nonconforming lot or parcel only in the following manner:
A.
Existing small lots. Subject to site plan review and approval, existing lots or parcels may be developed for the purposes permitted in the district it is located even though not conforming to the minimum lot size requirements, provided such lot is not less than 4,000 square feet in area with a minimum width and depth dimension of 40 feet.
B.
Required frontage or access. No land development will be permitted on lots that do not have frontage on a public road. For existing lots or parcels, development shall be permitted, subject to site plan review and approval, if access to such road exists by permanent easement or right-of-way of at least 25 feet in width.
C.
Changes or modifications. Changes and modifications to nonconforming lot dimensions are subject to the following requirements:
(1)
No change shall be permitted to any nonconforming lot which would have the effect of increasing the density at which the property is being used, or increasing the structure located upon such lot, if the dimensional requirements and standards, including parking, of the underlying zoning district are not met as a result thereof.
(2)
Any lot changes proposed on a nonconforming lot are subject to site plan review.
(3)
A lot shall be considered nonconforming if there is not sufficient parking, as determined by the standards set forth in the Table of Parking Requirements by Use,[1] or if there is parking in the front yard, excluding any driveway leading to a garage or to a parking space further back than the front yard.
[1]
Editor’s Note: The Table of Parking Requirements by Use, listed in § 300-101, is included at the end of this chapter.
(4)
In such cases where a parking waiver or waivers or variance or variances may be or have been legally granted, such a waiver or variance shall not be considered to increase the degree of nonconformity.
(5)
Nonconforming lots may not be created nor reduced in size without variance approval by the Zoning Board of Appeals.