Rosendale City Zoning Code
ARTICLE VI
Nonconforming Buildings, Uses and Lots
§ 75-29 Continuation.
Any lawful building, structure or use of premises existing at the time of enactment of this chapter, or any subsequent amendment thereof applying to such building, structure or use of premises, may be continued, although such building, structure or use of premises does not conform to the provisions thereof, except as follows:
A.
Any undeveloped lot in a subdivision which was not properly approved by the Planning Board and/or not filed in the office of the County Clerk and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter shall be considered a violation of this chapter.
§ 75-30 Discontinuance.
A.
Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
B.
Any nonconforming use of land, including buildings with less than 200 square feet of floor area, which is discontinued for a period of more than one year, shall thereafter be replaced only by a use or buildings which conform to the regulations of the district in which the land is located.
C.
Any nonconforming use occupying a building with a floor area of more than 200 square feet, which is discontinued for a period of more than two years, shall thereafter be replaced only by a use permitted in the district in which the building is located; except that upon approval of a special permit by the Planning Board in accord with the provisions of § 75-40B, the building may be used for a similar or more restricted use as defined in § 75-56. The Planning Board shall consider, in addition to those criteria set forth in § 75-40B, the size, condition and adaptability of the building to other uses in arriving at its decision.
§ 75-31 Extension, alteration and restoration.
A nonconforming use shall not be extended, enlarged or structurally altered, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the date of adoption of this chapter shall not be deemed the extension of such nonconforming use. A building housing a nonconforming use or which is nonconforming in terms of bulk or setback, which sustains damage or destruction by any cause, may be repaired or reconstructed, so long as the nonconformity is not increased or expanded, if all necessary building permits are obtained within six months. If such reconstruction has not been fully completed within two years, the provisions of § 75-30 above shall apply.
§ 75-32 Maintenance and repairs.
A building or structure of a nonconforming use may be repaired or restored to a safe condition.
§ 75-33 Change to other nonconforming use.
A nonconforming use of a building, structure or land may be changed to another nonconforming use which is of the same or more restricted nature; however, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. Uses shall be deemed more restricted or less restricted in accordance with §§ 75-8 and 75-56. The change of a nonconforming use of a building, structure or land to another nonconforming use shall include the right to change an accessory nonconforming sign, provided that such sign is not increased in area or does not further violate provisions of this chapter.
§ 75-34 Construction started prior to chapter.
Any building or structure for which construction was begun prior to the effective date of this chapter, or any subsequent amendment thereof applying thereto, may be completed and used in accordance with the plans and specifications for the building or structure.
§ 75-35 Existing undersized lots.
A.
Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than the specific minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements; and no variance shall be required, provided that:
(1)
Such lot does not adjoin any other lot or lots, held by the same owner, whose aggregate area is equal to or greater than the minimum lot area required for that district.
(2)
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes.
(3)
The minimum required yard or setback dimensions for an undersized nonconforming lot shall be those required for the zoning district that is the next least restrictive, in terms of such requirements, than the zoning district in which said lot is located. The less restrictive requirements shall apply only when it is demonstrated that the undersized nonconforming lot cannot meet the requirements of the district in which it is located, for the purpose of site development.
(4)
All other bulk requirements for that district are complied with.
B.
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
C.
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
§ 75-36 Reduction in lot area.
No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
§ 75-37 Exemption of lots on approved subdivision plats.
A.
In accordance with Town Law § 265-a, any lot proposed for residential use in a subdivision whose plat delineates one or more new streets, roads or highways and which said subdivision plat has been properly approved by the Planning Board and filed in the office of the County Clerk prior to the passage of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district shall be considered as complying with such minimum lot requirements for two years after the filing of the subdivision plat.
B.
If, at the time of filing of the subdivision plat referred to above, there was no Planning Board vested with authority to approve subdivision plats, the exemption provided for in such subdivision shall apply for a period of one year after the filing of said subdivision plat in the office of the County Clerk.