Red Hook Town City Zoning Code
ARTICLE VIII
Nonconforming Uses and Noncomplying Structures and Bulk
§ 143-124 Applicability.
The following provisions shall apply to all buildings, structures and uses existing on the effective date of this chapter, to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and to the Zoning District Map which is a part thereof and to all complying buildings housing nonconforming uses.
§ 143-125 Nonconforming uses.
[Amended 2-11-2025 by L.L. No. 1-2025]
A.
Any lawful nonconforming use of buildings or open land in existence on the effective date of this chapter may be continued indefinitely if maintained in accordance with all applicable codes, ordinances, regulations and other requirements, but shall not be expanded, restored, moved, changed or reestablished except as specifically provided in this article.
(1)
A nonconforming use may be expanded within an existing structure or on an existing site, provided that the extent of such expansion, whether occurring as a single expansion or as the aggregate of two or more smaller expansions, does not exceed 50% of the gross floor area of the structure or of the site dedicated to the nonconforming use at the time of enactment of this chapter. Any such expansion shall be preceded by site plan review and approval by the Planning Board in accordance with Article VII of this chapter.
(2)
An existing building housing a nonconforming use may be extended and thereafter occupied by the nonconforming use, provided that the extent of such addition, whether occurring as a single addition or as the aggregate of two or more smaller additions, does not exceed 50% of the gross floor area of the existing building and the addition is in strict compliance with the requirements set forth for the zoning district in the District Schedule of Area and Bulk Regulations.[1] Any such extension shall be preceded by site plan review and approval by the Planning Board in accordance with Article VII of this chapter.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
(3)
Nothing contained herein shall be deemed to prevent the restoration of a lawful nonconforming use after damage for any reason or by any cause, provided that the replacement facility shall not have greater floor area or be able to accommodate a greater number of patrons or customers than the facility which existed prior to damage, that all applicable New York State Uniform Fire Prevention and Building Code provisions are fully complied with and that the restoration is commenced within 12 calendar months of the damage and is fully completed within two calendar years of such occurrence. The issuance of a building permit for any such restoration shall be preceded by site plan review and approval by the Planning Board in accordance with Article VII of this chapter.
(4)
Nothing contained herein shall prohibit the replacement of any mobile home legally existing in the Town of Red Hook at the time of enactment to this chapter, provided that each of the following criteria is met:
(a)
The replacement mobile home shall be demonstrated to the satisfaction of the Building Inspector to have been constructed in accordance with the federal requirements for mobile homes, Manufactured Home Construction and Safety Standards, 24 CFR Chapter XX Part 3280, and shall meet current requirements stated within the New York State Uniform Fire Prevention and Building Code for one- and two-family dwellings, including factory-manufactured homes.
(b)
The mobile home shall be wholly sited on a concrete pad. Either a concrete block or poured foundation shall be provided or the bottom portion of the mobile home shall otherwise be enclosed with masonry, metal or wood skirting or other acceptable material, extending fully to the ground and in conformance with the New York State Uniform Fire Prevention and Building Code.
(c)
Water supply and sewage disposal systems shall be maintained in full conformance with the requirements of the Dutchess County Health Department.
(d)
The replacement structure shall satisfy to the extent practicable all other minimum requirements set forth in this chapter for a single-family dwelling. Any prior encroachment of the existing mobile home into a required yard area may be continued to the extent such encroachment cannot be reduced or eliminated in the opinion of the Zoning Enforcement Officer, but shall not be increased.
(5)
Owners of any such lawful nonconforming uses of buildings or open land shall, within six calendar months of the enactment of this chapter, inform the Zoning Enforcement Officer of the extent of any such lawful nonconforming use and document the same for their benefit in the case of future requests for authorization to expand the nonconforming use.
B.
A nonconforming use shall not be moved to another location or placed on a different portion of the lot or parcel of land occupied by such use at the time of enactment of this chapter where such use would be nonconforming.
C.
A nonconforming use shall not be changed to another nonconforming use.
D.
A nonconforming use shall not be reestablished if such use has been discontinued for any reason, whether through vacancy or cessation of use, irrespective of the intent of the owner of the premises or any other person, for a period of 18 calendar months or longer or has been changed to or replaced by a conforming use for any period of time.
§ 143-126 Noncomplying buildings.
A.
Any noncomplying building in existence on the effective date of this chapter may be continued indefinitely if maintained in accordance with all applicable codes, ordinances, regulations and other requirements, but shall not be enlarged or extended, maintained, altered or reconstructed in such manner as to increase the degree of existing noncompliance with the minimum requirements set forth for the zoning district in this chapter or to create any new noncompliance.
B.
Nothing contained herein shall prohibit the extension of a conforming use to any portion of a noncomplying building or structure legally existing at the time of enactment of this chapter.
C.
Nothing contained herein shall be deemed to prevent the normal repair and maintenance of or structural alteration within a noncomplying building, provided that such action does not increase the degree of or create any new nonconformity. Further, any noncomplying building or structure declared unsafe by the Building Inspector or other proper authority may be restored to a proper condition within the time period provided by such authority or may be modified to the extent essential to meet minimum health and safety requirements or orders issued by the Building Inspector.
D.
Nothing contained herein shall be deemed to prevent the reconstruction of a lawful noncomplying building existing at the time of enactment of this chapter after damage for any reason or by any cause, provided that no new noncompliances are created, that the bulk, height and area shall not be in excess of that which existed prior to the loss or removal, that all applicable New York State Uniform Fire Prevention and Building Code provisions are fully complied with and that a building permit is applied for within six calendar months of the loss or removal of the prior noncomplying building and that all work associated with its replacement is completed within 12 calendar months of the issuance of said building permit.
§ 143-127 Termination of certain uses and/or structures.
Each of the nonconforming uses and/or structures specified below is deemed to be sufficiently objectionable and out of character within the zoning district in which such use is located as to depreciate the value of other property and uses permitted in the district and to otherwise inhibit the proper, safe and orderly development of such district. Therefore, each such nonconforming use must be and shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter. Said period of time is specified herein as one that is reasonable to permit the amortization of the remaining value, if any, of such use.
A.
Any nonconforming or noncomplying sign, accessory or nonaccessory, which includes any of the specific features prohibited in either § 143-27B(2), (5) or (9) of this chapter shall be modified by its owner to conform or be removed within 90 calendar days of the effective date of this chapter.
B.
Any accessory sign existing on or after the effective date of this chapter which advertises a business no longer conducted, product no longer available or service no longer provided on the premises shall be removed from the premises by the owner of the sign and/or premises upon which the sign is located within 30 calendar days of the effective date of this chapter in the case of an existing obsolete sign and within 30 days of its obsolescence in the case of any accessory sign which may later become obsolete.
C.
Except for temporary and directional signs authorized in § 143-27C and E, respectively, of this chapter, use of any billboard sign shall be discontinued and the billboard sign, including its supporting structure, removed upon passage of a reasonable period for the amortization of its value, as such period is set forth in § 74-c of the General Municipal Law of the State of New York.
D.
Any other type of sign, including its supporting structure, unrelated to the activity on the site, except for authorized off-premises directional signs, shall be removed not more than three calendar years from the effective date of this chapter.
E.
Any nonconforming motor vehicle junkyard or other junkyard shall be discontinued not later than three calendar years from the effective date of this chapter.
F.
Any existing nonconforming bed-and-breakfast which is not a permitted use or special permitted use under this chapter shall be discontinued not later than two calendar years from the effective date of the adoption of this subsection.
[Added 12-22-2021 by L.L. No. 6-2021]
§ 143-128 Completion of ongoing construction.
Any individual building, the construction of which has been legally started through the installation of footings and/or foundation before the effective date of this chapter or of any amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that all other required permits and approvals have been issued prior to the effective date of this chapter and such construction is diligently pursued and the building is completed within three calendar years of the enactment of this chapter or any subsequent amendment thereto.