Poughkeepsie City Zoning Code
ARTICLE X
Nonconforming Buildings and Uses
§ 210-132 General standards.
A.
It is the intent of this chapter that nonconformities should not be expanded except as indicated herein, that they should be brought into conformity as quickly as the fair interests of the parties permit, and that the existence of any present nonconformity anywhere in the Town shall not in itself be considered grounds for issuance of a variance for any other use, lot, building, or other structure. Nothing in this chapter shall be deemed to prohibit ordinary repair and maintenance of any nonconforming building or other structure or reconstruction thereof necessitated by fire or other casualty, or replacement of existing materials, or work ordered by the Zoning Administrator to protect the public health or safety, provided such work does not increase the nonconformity.
B.
Except as otherwise provided in this article, any lawfully permitted use of a structure or land existing on the effective date of this chapter, or on the effective date of any subsequent amendments to this chapter, may be continued even though such use does not conform to the standards or provisions of this chapter. Such uses shall be deemed nonconforming uses.
C.
Any existing natural or man-made screening of nonconforming uses or structures shall not be removed or replaced except as permitted by the Zoning Board of Appeals. Such screening shall be maintained in a good state of repair.
§ 210-133 Nonconforming use of land.
A.
Where no structure is involved, the lawful nonconforming use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use as of the effective date of this chapter or as of the effective date of any subsequent amendments hereto.
(2)
Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use after the date indicated in Subsection A(1) above. If such nonconforming use of land or any portion thereof ceases for any reason for a continuous period of more than 12 months or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter. In determining whether a nonconforming use has been discontinued, any one of the following items shall constitute prima facie evidence of discontinuance:
(a)
Any positive act indicating intent to discontinue;
(b)
Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances;
(c)
Cessation of the nonconforming use of a lot and/or structure for 12 consecutive months;
(d)
Substitution of a conforming use.
(3)
Such nonconforming use may be changed to a use that is similar or less nonconforming.
B.
All nonconforming uses shall conform in all other respects to the requirements of the zoning districts in which they are located.
§ 210-134 Nonconforming use of structures.
The legally nonconforming use of a structure may be continued, provided that:
A.
The Zoning Board of Appeals shall hear and decide applications for a permit for an expansion of a nonconforming use, subject to the following standards:
(1)
A nonconforming structure may be enlarged or extended one time only after the date that the structure became nonconforming, and then to an extent not exceeding 25% of the gross floor area of the existing structure devoted to such nonconforming use.
(2)
The application to the Zoning Board of Appeals shall include:
(a)
A plot plan drawn to scale.
(b)
Drawings of existing structures and proposed enlargements or extensions, including floor plans. Drawings must be drawn to scale with elevations.
(c)
Dates of any previous enlargements or extensions.
(d)
Other information as required by the Board to complete its review.
(3)
Site plan approval by the Planning Board shall be required.
B.
If such nonconforming use of a structure ceases for any reason for a continuous period of more than one year or is changed to a conforming use, then any future use of such structure and the land on which it is located shall be in conformity with all provisions of this chapter.
C.
If any structure legally nonconforming in use shall be partially or totally destroyed by fire or any other means, it may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located. All repairs or reconstruction for such nonconforming use shall be completed within one year of the date on which the destruction occurred.
D.
If any structure in which any nonconforming use is conducted or maintained is hereafter removed, except as provided in Subsection C above, the subsequent use of the land on which such building was located and the subsequent use of any structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
E.
Normal maintenance and repair to the structure that is nonconforming in use shall be permitted.
F.
Structures that are nonconforming in use may be changed to a conforming use.
G.
Structures that are nonconforming in use may be changed to a use that is similar or less nonconforming.
H.
All nonconforming uses shall conform in all other respects to the requirements of the zoning districts in which they are located.
§ 210-135 Nonconformity other than use.
This section applies to structures which are conforming in use, but do not conform to the height, yard, building coverage, parking or other dimensional requirements of this chapter. No permit shall be issued nor shall any change be made on such structures or land that will result in any increase of such nonconformity. For the purpose of this section, structures existing prior to the date of adoption of this chapter are deemed nonconforming.
§ 210-136 Residential lots in R-20,000 District.
A.
Structures on lots located in the R-20,000 District may be altered and expanded without a variance, despite a failure to comply with the area, shape, or frontage requirements of the R-20,000 District, provided:
(1)
The structure and the lot were lawfully developed for and used for single-family or two-family residential purposes prior to the date of adoption of this chapter; and
(2)
The nonconformity results solely from the adoption of this chapter (including any preceding zoning law or subsequent amendments); and
(3)
The nonconformity has not been increased by any act of the owner or tenant subsequent to the date of adoption of this chapter; and
(4)
The lot contains at least 10,000 square feet of area; and
(5)
The development of the lot will maintain a minimum lot width of not less than 85 feet; a front yard of not less than 30 feet; a side yard of not less than 15 feet; a rear yard of not less than 30 feet; and a maximum lot coverage of not more than 25%.
B.
A nonconforming lot satisfying Subsection A(1) through (4) above shall be designated an "eligible nonconforming lot." A lot shall remain an eligible nonconforming lot until the occurrence of any of the following events:
(1)
Reduction in the lot's size, or any other increase in the degree of its nonconformity for any reason, other than the adoption of a more stringent zoning law;
(2)
Acquisition by the owner, after the date of adoption of this chapter, of adjoining land which, when added to the original eligible nonconforming lot, forms one or more lots complying with the area, shape, and frontage requirements of this chapter. In such case, no portion of the lot(s) so formed shall thereafter qualify as an eligible nonconforming lot under this section, unless and until again made nonconforming by the adoption of a more stringent zoning law;
(3)
Acquisition by the owner of the lot, after the date of adoption of this chapter, of adjoining land which, when added to the original nonconforming lot, reduces its nonconformity, but does not form a lot complying with the area, shape, and frontage requirements of this chapter. In such case, a new eligible nonconforming lot shall be formed which reflects the addition of the adjoining lot.
C.
Nothing herein is intended or shall be construed to affect any requirement of this chapter with respect to matters other than the area, shape and frontage of nonconforming lots. An eligible nonconforming lot shall be required to comply with all other requirements of this chapter and with all other requirements of the Town, county, and state regarding the construction of principal and accessory structures.
§ 210-137 Completion of buildings under construction.
Any nonconforming building, the construction of which has been started before the effective date of this article, and the ground-story framework of which, including the second tier of beams, has been completed within one year after the adoption of this article may be completed in accordance with plans on file with the Building Inspector/Zoning Administrator, provided that such construction is diligently prosecuted and the building is completed within three years of the adoption of this chapter or amendment.
§ 210-138 Nonconforming signs.
§ 210-139 Administration.
A.
The Zoning Board of Appeals shall make any determination or interpretation as may be required to establish the conformity or nonconformity of any building, use or sign as set forth in this section.
B.
Change of the use of land or structure to another nonconforming use may be made to a use of similar or less nonconformity as determined by the Zoning Board of Appeals. In its decision, the Zoning Board of Appeals shall use the following criteria:
(1)
A nonconforming use may be changed to another use within the same district or in a more restrictive district than the district in which the existing nonconforming use is permitted.
(2)
No change shall adversely affect the public health, safety and welfare, the character of the neighborhood or property values in the area of the use.
C.
The applicant must meet the applicable off-street parking and landscaping requirements.
D.
Site plan approval by the Planning Board shall be required for changes approved by the Zoning Board of Appeals in this section.