Peekskill City Zoning Code
ARTICLE VIII
Existing or Nonconforming Buildings and Uses
§ 575-44 Nonconforming buildings and uses.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter. Similarly, wherever a district shall be changed hereafter, the provisions of this article with regard to any buildings or uses lawfully existing at the time of passage of this chapter shall apply, subject to the conditions set forth below, to any building or use lawfully existing in such changed district at the time of passage of such amendment.
A.
Except as provided in Subsection B below and in § 575-45 herein, any type of nonconforming use of buildings or open land may be continued indefinitely, but:
(1)
Shall not be enlarged, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter or of any applicable amendment thereof, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be changed to a different nonconforming use without approval by the Planning Commission, and then only to a use which, in the opinion of said Commission, is of the same or more restricted nature.
[Amended 10-22-2018 by L.L. No. 8-2018]
(3)
Shall not be reestablished if such use has been discontinued for any reason for a period of over one year or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Except as provided in Subsection D below, no building which houses a nonconforming use shall be:
(1)
Structurally altered or enlarged; provided, however, that structural alterations and enlargements may be permitted which render a nonconforming use less offensive or obnoxious and will not be injurious to the neighborhood nor change the character thereof and will promote the public health and welfare.
(a)
Upon application and after public notice and hearing, a nonconforming use may be structurally altered or enlarged, provided that:
[1]
After denial of a building permit by the Director of Public Works, the applicant shall apply for a special permit to the Common Council of the City of Peekskill, documenting the reasons for which an exception is requested and demonstrating how the proposed structural alteration or enlargement will render the building more conforming to the objectives and purposes of this chapter.
[Amended 6-24-2019 by L.L. No. 3-2019]
[2]
The Common Council shall submit the application along with all documentation to the Planning Commission for the purpose of holding a public hearing on the application and rendering to the Common Council a report stating the recommendations of the Commission and any reasonable conditions it may consider necessary to impose on the applicant.
[3]
The Common Council, after studying the report and recommendations of the Planning Commission, finds by resolution that the proposed structural alteration or enlargement, under such conditions as the Common Council may deem desirable to apply thereto, will be in harmony with the general purpose and intent of this chapter, will not be injurious to the neighborhood and will not change the character thereof and will promote the public health and welfare.
(b)
Such exception shall not be deemed to exempt the applicant from all other provisions of this chapter. The Common Council shall have the power to authorize the Director of Planning to issue special permits under the conditions enumerated above. The Common Council shall adhere to the standards and follow the procedures enumerated in § 575-57 of this chapter.
[Amended 5-29-2012]
(2)
Moved to another location where such use would be nonconforming.
(3)
Restored for other than a conforming use after damage, from any cause, exceeding 50% of the replacement cost of such building, exclusive of foundations. Any such building damaged to a lesser extent may be restored but not enlarged and the nonconforming use reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
C.
Any building housing a conforming use, but which building does not comply with any requirements other than the use requirements set forth in this chapter, may be altered or enlarged and may be restored if damaged or destroyed other than at the order of or with the consent of the owner; provided, however, that if the proposed alteration, enlargement or restoration will increase the degree of noncompliance of the building, the applicant may, upon denial of the building permit by the Director of Public Works, apply for a special permit to the Planning Commission under the provisions, procedures and standards enumerated in Subsection B(1) of this section, as amended.
[Amended 6-24-2019 by L.L. No. 3-2019]
D.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Director of Public Works shall state the precise reason or reasons why such alterations are deemed necessary.
[Amended 6-24-2019 by L.L. No. 3-2019]
E.
In no event shall an unlawful use under any previously existing zoning ordinance of the City of Peekskill be deemed to be a legal nonconforming use under this chapter.
F.
Any building housing a conforming use exclusive of a building accessory in a residential zone as of the date of adoption of the 1977 Zoning Ordinance that does not comply with off-street parking requirements or front, side or rear yard requirements prior to the 1960 Zoning Ordinance of the City of Peekskill shall, as of the date of adoption of this chapter, be deemed in compliance; however, any subsequent expansion of a principal building shall be subject to the provisions of Subsection C of this section.
[Added 4-23-1979; amended 10-22-2018 by L.L. No. 8-2018]
§ 575-45 Termination of nonconforming buildings and uses.
Each of the nonconforming uses and/or each of the noncomplying features of uses 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 in the district and impair the proper use thereof and to blight the proper and orderly development and general welfare of such district and the City, to the point that each such nonconforming use and/or each such nonconforming feature of any use shall be terminated on or before the expiration of the period of time after the effective date of this chapter fixed for such termination, which period is allowed for the specific purpose of permitting the amortization of the remaining cost, if any, of such use. This provision shall not be interpreted in such a manner as to extend the grace period for any uses to be terminated under any previous zoning ordinance, and any such grace period shall only be allowed to run under this chapter as it would have run under any previous zoning ordinance in the manner provided in any previous ordinance.
A.
In any residence district, any nonconforming use of open land, other than a nonconforming agricultural use (such as but not limited to junk, material and equipment yards, billboards, parking lots), regardless of the presence of any building thereon, may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall be terminated.
B.
In any residence district, any nonconforming use of buildings which is not permitted under the provisions of this chapter in residence districts or the Shopping Center C-1 District may be continued for a period of 30 years after the initial establishment of such use or any addition thereto adding 50% or more to the real value of such use, provided that after the expiration of that period such nonconforming use shall be terminated.
C.
In any district, secondhand lumber and junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked vehicles shall be removed within five years from the effective date of this subsection.
[Amended 7-14-1986]
D.
In any district, trailers, except those which conform to the provisions of § 575-9, shall be removed within six months from the effective date of this chapter.
E.
In any residential district, a residential use which does not comply with the definition of "family" set forth in § 575-60 of this City Code shall be terminated not later than one year from the effective date of this amendment.
[Added 5-29-1990 by L.L. No. 2-1990]
F.
In the M-2A and M-2B Design Industrial District, any use which does not conform to the requirements of § 575-40D and 575-40.1D of this chapter shall be made to conform therewith or shall be terminated not later than three years from the effective date of this amendment.
[Added 9-15-2003 by L.L. No. 10-2003; amended 12-14-2015 by L.L. No. 12-2015]
§ 575-46 Extension of amortization periods.
[Amended 2-8-1999]
If, on application made at least three months before the expiration of the period prescribed in § 575-45 for termination of a nonconforming use or noncomplying feature thereof, or at least three months before the expiration of any extension period granted hereunder, and after public hearing, the Zoning 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 said Board may grant such an extension or extensions of the period prescribed as it shall deem to be reasonable and adequate for such amortization, but any one extension shall not exceed 100% of the period originally prescribed. No such extension or extensions shall be granted if the Zoning Board of Appeals shall find that the use being conducted is so out of character with the adjoining and/or area uses as to pose a serious likelihood of harm to the safety, health and/or welfare of the users of such properties and as to outweigh the need of the applicant for further amortization thereof. Such extension or extensions may be considered and granted with respect to uses legally amortizing under any prior ordinance, but any one extension shall not exceed 100% of the original period of amortization granted under such prior ordinance. The notice of public hearing required pursuant to this section shall be in the same manner as a notice of public hearing on variance applications made pursuant to this chapter. The expense of publishing and mailing the notice required by this section shall be paid by the applicant or appellant.
§ 575-47 Continuation after termination date prohibited.
§ 575-48 Failure to register certain uses.
Any agency community residence, agency group home or boarding-, lodging or rooming house which has failed to register as provided in the 1960 Zoning Ordinance of the City of Peekskill, as amended, shall, upon the effective date of this chapter, be an illegal nonconforming use unless such use otherwise conforms to the requirements of this chapter.