Orangetown City Zoning Code
ARTICLE IX
Nonconforming Use and Nonconforming Bulk Regulations
§ 9.1 Applicability.
This article applies only to building and nonbuilding uses in existence on the effective date of this code. Except as otherwise expressly provided in § 9.3, the lawful use of any premises existing on the effective date of this code may be continued although neither such use nor the bulk of the same conforms to the regulations.
§ 9.2 Degree of nonconforming bulk not to be increased.
Normal maintenance and repair, structural alteration in and moving, reconstruction or enlargement of a building with nonconforming bulk is permitted if the same does not increase the degree of nonconforming bulk in such building.
§ 9.3 Change in or continuance of nonconforming uses.
9.31.
Repair and alteration. Normal maintenance and repair of and 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 when required by law, to adopt the building to a conforming use or to any other use permitted under § 9.32 or in a building occupied by a nonconforming use permitted to extend under § 9.34.
9.32.
Change of use. Any nonconforming use may be changed to any conforming use or, on application to and with the approval of the Board of Appeals, to any use which the Board of Appeals deems to be more in character with the uses permitted in the district in which the said change of use is proposed.
9.33.
Cessation of use. If active operations are not carried on with respect to 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.
9.34.
Extension or enlargement. ["Extension or enlargement" shall mean: in the case of a nonconforming use in a building, the enlargement of such building so as to create additional floor area, or 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 the extension of the use to an area outside the building; and 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 code.] A nonconforming use shall not be extended except as follows: To the extent the district bulk regulations permit, and on application of the Board of Appeals, any use, except a sign, first permitted by right or by special permit, in any district, may be extended up to but not exceeding an aggregate increase of 50% in its floor area or of its land area occupancy if a nonbuilding use. However, this provision may be used only once for each such use.
9.35.
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.
9.36.
Termination of certain nonconforming uses and nonconforming features of such uses. Each of the nonconforming uses and nonconforming features of such a use specified in this section is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and to blight the proper and orderly development and general welfare of such district and the Town, to the point that each of such nonconforming uses and nonconforming features of such a use shall be terminated on or before the expiration of the period of time after the effective date of this code or such other period fixed for each of the same, which time is specified for the purpose of permitting the amortization of the remaining cost, if any, of such use.
9.361.
Nonconforming nonbuilding uses in R Districts. In any R District, any nonconforming nonbuilding use may be continued for two years after the effective date of this code, provided that after the expiration of that period such nonconforming use shall then be terminated. This regulation shall not apply to agricultural nonconforming uses of land.
9.362.
Nonconforming signs. In any R District, any advertising sign or any other sign not of a type permitted, or of a permitted type but greater than two times the maximum sign area permitted, may be continued for three years after the effective date of this code, provided that after the expiration of that period, such nonconforming use shall then be terminated. In any other district, any sign with sign area greater than the maximum sign area permitted may be continued for 10 years after the effective date of this code, provided that after the expiration of that period, such nonconforming use shall be made conforming.
9.363.
Nonconforming open storage yards and outdoor displays. 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, which is nonconforming, either because not permitted in the district or because not located within a completely enclosed building, and is not nonconforming on the date of adoption of this code or if not screened on such date, may be continued for two years after the effective date of this code, 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. However, no such use will be required to terminate if within said period it shall be screened as provided in §§ 3.11 and 11.2.
9.364.
Nonconforming manufacturing uses in R Districts. In any R District, any nonconforming manufacturing use which is first permitted by right in LI Districts may be continued for 10 years after July 29,1965, 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 § 4.1.
9.37.
Modification by Board of Appeals. If, on application made at least six months before the expiration of the period prescribed in § 9.36 for termination of a nonconforming use, or nonconforming feature thereof, the 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 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 may be granted only once for any use.
9.38.
Continued use after termination date of a violation. The continuation of a nonconforming use or the nonconforming feature thereof after the termination date fixed for the same in § 9.36, or as modified in § 9.37, shall constitute a violation of this code.