Plattsburgh City Zoning Code
ARTICLE VII
Nonconforming Uses and Structures
§ 360-40 Continuance.
Any lawful building or use of premises existing at the time of enactment of this chapter, or any subsequent amendment thereof applying to such building or use of premises, may be continued, although such building or use of premises does not conform to the provisions thereof provided that there is no increase or enlargement of the area or space occupied by or devoted to such nonconforming use and except as otherwise provided in this article.
§ 360-41 Termination.
Except as provided in § 360-45, if, for a continuous period of 12 months, either the nonconforming use of land with minor improvements is discontinued or the active operation of substantially all of the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume such nonconforming use shall not prevent such use's termination.
§ 360-42 Change to another nonconforming use.
A.
Except in R-1 and RH districts, if no external structural alterations are made, a nonconforming use of a building or land may be changed to another nonconforming use more nearly conforming to the requirements of the district in which it is situated. In R-1 and RH districts, no such change of use shall be made to all or part of building or land without a special use permit for the proposed new use authorized in accordance with the standards of § 360-31B of this chapter.
B.
Within an RH district, in accordance with a special use permit issued by the Zoning Board of Appeals, a nonconforming use may be converted to a more conforming use, in accordance with the following table. A nonconforming use appearing on the following list may be converted to a use appearing below the listed use.
Least Conforming |
Repair shops |
Restaurants |
Retail businesses (including neighborhood convenience stores) |
Laundry and dry-cleaning businesses |
Day-care centers |
Banks, beauty salons |
Funeral homes |
Multifamily dwellings |
Fewer units in a multifamily dwelling |
Duplex dwelling |
More conforming |
C.
When a proposed use does not appear in the above table and the Zoning Board of Appeals finds such use is not closely analogous to a listed use, the Zoning Board of Appeals shall evaluate the conformity of such proposed use by considering such factors as the amount of noise, dust, odor, light and traffic the proposed use is likely to generate.
§ 360-43 Maintenance.
A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this section, are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance nor shall such alteration or extension 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.
§ 360-44 General requirements.
Nonconforming uses or structures in all zone districts shall conform to the following requirements:
A.
Enlargement and extension. Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.
B.
Alterations. Structural alterations may be made in a building which is nonconforming because it fails to comply with use, height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.
C.
Re-conversion. A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Building Inspector or other city, county or state inspector.
D.
Existing permits. Nothing in this chapter shall require any change in plans, construction or designated use of a structure or building for which a building permit has been heretofore validly issued if construction has been started and diligently pursued at the time of the adoption, revision or amendment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Previous violations. Nothing in this chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.
F.
Enlargement. Any nonconforming structure that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.
§ 360-45 Damage by fire, flood or act of God.
A.
Damage to a nonconforming use.
(1)
Any building or structure containing a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its assessed value immediately prior to damage shall not be reoccupied, reused and/or reconstructed, except in conformity with the provisions of this chapter.
(2)
Any building or structure containing a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of more than 25% but less than 50% of its assessed value immediately prior to damage shall not be repaired or reconstructed, except in conformity with this chapter, unless such reconstruction is completed within 12 months of the damage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Damage to a nonconforming building or structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Any nonconforming building or structure which is damaged by fire, flood or other act of God or man to the extent of 50% or more of its assessed value immediately prior to damage shall not be repaired or reconstructed, except in conformity with the provisions of this chapter.
(2)
Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 25% or more but less than 50% of its assessed value immediately prior to damage shall not be repaired or reconstructed, except in conformity with this chapter, unless such reconstruction is completed within 12 months following the damage.
C.
Exemption of dwelling buildings and structures. The limitations of this section shall not apply to a building or other structure utilized as a dwelling 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 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.