Putnam Valley City Zoning Code
ARTICLE XII
Nonconforming Buildings and Uses
§ 165-42 Purpose and intent.
A.
At the time of the enactment of this chapter, all actual uses, lots and structures in effect in a lawful manner shall remain in effect as is currently pending in respect to same.
B.
Any building for which a building permit has been issued prior to the enactment or amendment of this chapter and erection of which is in conformity with the plans submitted prior to the enactment shall be commenced within 90 days after the effective date of such enactment or amendment. If such building does not conform to the provisions of this chapter, it shall be a nonconforming use.
C.
Furthermore, it shall be the intent of this chapter to provide for the regulation of such existing uses, lots and structures by specifying the circumstances and conditions under which they may continue to exist, as specified in this article.
§ 165-43 Nonconforming lots.
Any lot which lawfully existed on the effective date of this chapter and fails to meet the area, shape, frontage or other applicable requirements of this article shall be considered a legal nonconforming lot. Provided that the following requirements are met, a structure may be placed on such lots.
A.
A structure may be constructed on a legal nonconforming lot, provided that:
(1)
It meets with the current zoning regulations relating to coverage, setbacks, parking and landscaping for the district in which the lot is located.
(2)
The Putnam County Health Department has approved the sewage disposal and water supply systems.
(3)
The appropriate agency has granted approval for any disturbance within any Environmental Management District.
B.
Any abutting nonconforming lots which are owned by the same owner or owners, notwithstanding any subsequent conveyance(s), shall be considered as one merged lot for the purpose of this chapter, unless more than one livable structure exists on the merged lot.
[Amended 6-26-2002 by L.L. No. 7-2002; 12-18-2002 by L.L. No. 14-2002]
§ 165-44 Nonconforming structures.
A.
Changes, alterations, additions and/or repairs to all existing structures that are nonconforming, whose setbacks are nonconforming, or are on lots that are nonconforming and that were built prior to the effective date of this chapter shall be permitted, provided that:
(1)
The nonconforming front, side and rear setbacks are not decreased, and no additions in height or footprint are made to any side of the structure where a setback nonconformity exists.
(2)
The added living space shall not exceed 20% of the existing livable floor space except when the space is in the basement within the footprint of the residence.
[Amended 3-9-2016 by L.L. No. 1-2016]
(3)
The use of the structure is conforming.
(4)
All other applicable laws are met.
B.
Any exception permitting the enlargement, extension or relocation shall not be construed to extend the termination date, if any, of the subject nonconformity.
C.
Where parking and loading requirements are the cause for nonconformity, the associated structure or use may not be enlarged or altered to create additional dwelling units, guest rooms, seating capacity or floor area, unless additional parking and loading requirements are supplied and maintained to meet the parking requirements, subject to the provisions of Article X of this chapter.
D.
If any of the above conditions cannot be met, application for a variance may be made to the Zoning Board of Appeals.
E.
Any nonconforming structure damaged or destroyed by any means may be rebuilt without variances or a site plan or development approval plan provided:
[Added 8-19-2009 by L.L. No. 9-2009]
(1)
The new structure is reconstructed on or within the original building footprint at all points;
(2)
The new structure shall contain no more habitable area than the structure it is replacing;
(3)
The new structure shall be no higher at any point than the structure it is replacing;
(4)
A building permit for the new structure is issued within two years of the original structure’s damage or destruction.
§ 165-45 Nonconforming uses.
A.
Nonconforming use of land. Where no structure is involved, the nonconforming use of land may be continued, provided that:
(1)
Enlarging or increasing use.
(a)
In residence districts, 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 at the time of the adoption of this chapter. An exception to these limitations is nonconforming educational, philanthropic or religious uses which would require approval by the Planning Board under the provisions of Article IV.
(2)
The lot on which such nonconforming use is located shall not be reduced in size.
(3)
Movement of use.
(a)
In residence districts, such nonconforming use shall not be moved in whole or in part to another portion of the lot or parcel of land. An exception to these limitations is nonconforming educational, philanthropic or religious uses which would require approval by the Planning Board under the provisions of Article IV.
(4)
If the nonconforming use of land or any portion thereof is inactive or ceases, for any reason whatsoever, for a continuous period of more than two years or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.
(5)
No nonconforming use of land shall be changed to another nonconforming use.
B.
Nonconforming use of structures. The nonconforming use of a structure may be continued, subject to the following restrictions:
(1)
Such structure shall not be enlarged or extended. An exception to this limitation is nonconforming educational, philanthropic or religious uses, for which a development approval plan or site plan approval shall be required, depending upon the nonconforming use’s location in a residential or nonresidential district.
[Amended 6-17-2009 by L.L. No. 7-2009]
(2)
Such structure shall not be altered or reconstructed except for such alterations, maintenance and repair work as required to keep said structure in a safe condition. An exception to this limitation is nonconforming, educational, philanthropic or religious uses, for which a development approval plan or site plan approval shall be required, depending upon the nonconforming use’s location in a residential or a nonresidential district
[Amended 6-17-2009 by L.L. No. 7-2009]
(3)
Such nonconforming use shall not be changed except to a conforming use. In commercial districts, such use changes require the approval of the Planning Board under the provisions of Article V.
(4)
If the nonconforming use of a structure or any portion thereof is inactive or ceases for any reason whatsoever (including, but not limited to, damage to or destruction of the structure) for a continuous period of more than two years, or if such structure or any portion thereof is changed to a conforming use, any future use of such structure (or portion thereof wherein the nonconforming use became inactive or ceased for two or more years), including any replacement or rebuilt structure, shall be in conformity with all provisions of this chapter.
[Amended 6-17-2009 by L.L. No. 5-2009]
(5)
A structure devoted to a lawful nonconforming use, which structure is damaged or destroyed by any means, may be rebuilt without variances, a site plan or a development approval plan and the nonconforming use may be resumed, provided that:
[Added 5-19-2010 by L.L. No. 4-2010]
(a)
A building permit is obtained, a certificate of occupancy issued, and the lawful nonconforming use is resumed within two years of the structure's damage or destruction; and
(b)
The new structure is rebuilt on or within the original building footprint, contains no more habitable area than the structure it is replacing, and will be no higher at any point than the structure it is replacing.
§ 165-46 (Reserved) [1]
§ 165-47 Reduction of adverse external effects.
In order to reduce the adverse external effects of nonconforming uses, the owner of the land or structure, so used, may be permitted to make limited changes to structures or uses in conjunction with a site or development plan review whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking areas and access drives, or by any other appropriate means, these purposes may be achieved.
§ 165-48 Violations; discontinuation of nonconforming status.
In addition to other penalties prescribed by law, any of the following violations shall immediately terminate the right to operate a nonconformity:
A.
The owner of a nonconformity has taken an action increasing the nonconformity of the land, structure or use, not in compliance with the provisions of this chapter.
B.
The owner of a nonconformity has abandoned the structure or use of the structure for a period greater than two years.
C.
A nonconforming use has been changed to another nonconforming use.