Red Hook Village City Zoning Code
ARTICLE VI
Nonconforming Area and Bulk Uses
§ 200-42 General provisions.
The lawful use of any land or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective may be continued, although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.
§ 200-43 Termination of nonconforming use; discontinuance.
[Amended 10-15-2018 by L.L. No. 4-2018]
When a nonconforming use of land or a building or a structure has been discontinued it shall not thereafter be reestablished, and the future use of the land, building or structure shall be in conformity with the terms of this chapter. For purposes of this article, discontinuance is defined as: 1) vacancy of the land or building without regard for owner's intention to relet or reuse the space for a continuation of the nonconforming use or discontinuance of the use for not less than six months; or 2) manifestation of a clear intent on the part of the owner to abandon the nonconforming use.
§ 200-44 Change of nonconforming use.
[Amended 10-15-2018 by L.L. No. 4-2018]
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated and any manner of expansion of a nonconforming use, including, but not limited to, increasing the size, square footage, intensity and hours of operation, shall be prohibited.
§ 200-45 Maintenance of a nonconforming use.
[Amended 10-15-2018 by L.L. No. 4-2018]
A nonconforming structure may continue in accordance with this provision and is hereby required to be maintained in such condition as will not constitute a danger to safety, health or general welfare of the public. Alterations of a nonconforming structure are permitted to make a structure less nonconforming or to comply with the provisions of this chapter and applicable federal, state and county laws and regulations, provided that such alterations shall not increase any such existing nonconformity and a site plan for the alteration has been reviewed and approved by the Planning Board. When reviewing an application for an alteration to a nonconforming structure, the Planning Board shall consider the recommendations of the Village of Red Hook Pattern Book and Architectural Guides.
§ 200-46 Damage to nonconforming use.
Damage to a nonconforming building or structure or damage to a building or structure containing nonconforming use shall be regulated as follows:
A.
Fifty percent damage or more. Any building or structure containing a nonconforming use or any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage shall not be reoccupied, reused, repaired and/or reconstructed, except in conformity with the provisions of this chapter.
B.
Damage more than 25%, less than 50%. 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 fair sales 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. A nonconforming building or structure so damaged shall not be repaired or reconstructed, except in conformity with the provisions of this chapter.
§ 200-47 Nonconforming use under construction.
A.
Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed.
B.
Permit to continue nonconforming use under construction at the time of this enactment. Not more than 30 days after the enactment of this chapter, a permit shall be obtained from the Code Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Code Enforcement Officer, alteration or additions to such plans, except as may be in conformity with the terms of this chapter, shall not be permitted.
C.
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained, as provided in Subsection B previously mentioned, shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after the securing of a zoning permit as hereinafter provided.
§ 200-48 Exemption of dwelling buildings and structures.
The limitations of § 200-46 and the requirements of § 200-16 shall not apply to a residential use which is nonconforming only in respect to yard space or area per dwelling or nonconforming to the district in which located. However, no such residential use shall be built to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.