Schenectady, NY Zoning Ordinance

Schenectady City Zoning Code

ARTICLE XII

Nonconforming Uses, Buildings and Structures

§ 264-83 Purpose.

This article regulates and limits the continued existence of uses, buildings and structures established prior to the effective date of this chapter which do not conform to the regulations of this chapter applicable in the districts in which such nonconformities are located.

§ 264-84 Continuation of use.

Except as hereinafter provided in this article, the lawful use of a building or structure existing at the time of the effective date of this chapter may be continued although such use does not conform to the provision hereof. Each presently existing nonconforming use shall not be extended to occupy a greater area of land, nor shall additional nonconforming buildings or structures be erected on the land except as provided for in § 264-87.

§ 264-85 Nonconformity due to change in provisions.

Whenever the use of a building becomes nonconforming through a change in the provisions of this chapter or district boundaries established by this chapter, such use may be continued, except that adult bookstores and adult entertainment establishments shall terminate as regulated by § 264-101 subject to the provisions of this article.

§ 264-86 Resuming discontinued nonconforming use.

[Amended 3-8-2010 by Ord. No. 2010-04; 9-12-2011 by Ord. No. 2011-15]

In the event that a nonconforming use of any building or premises is discontinued for a period of one year, or two years for commercial uses, the use of the same shall thereafter conform to a use permitted in the district in which it is located.

§ 264-87 Alteration of premises.

Except as otherwise provided in § 264-86A, an existing legal nonconforming building or premises lawfully devoted to a use not permitted in an R-1, RH-1, R-2, RH-2 or R-3 District may only be enlarged, extended, reconstructed or structurally altered by 10% of its existing floor area when in a building or 15% of its existing area for outdoor nonconforming uses unless the use is changed to one permitted in that district or one permitted by this section. Area calculations shall be determined by the amount of area in existence on the date of adoption of this chapter.

An existing legal nonconforming use in the C-1, C-2, C-3, C-4, C-5, I, M-1 and M-2 Districts may only be enlarged, extended, reconstructed or structurally altered by up to 10% of its existing floor area when in a building or 15% of its existing area for outdoor nonconforming uses unless the use is changed to one permitted in that district or one permitted by this section or unless the Planning Commission authorizes the enlargement, extension, reconstruction or structural alteration by the issuance of a special use permit pursuant to Article XIV of this chapter. Area calculations shall be determined by the amount of area in existence on the date of adoption of this chapter.

If a building or premises is destroyed or damaged by fire or other casualty or by act of God, the building or premises may be restored and devoted to a use not permitted in the district, provided that:

(1)

The use is the nonconforming use in existence when the building or structure was destroyed or damaged;

(2)

Neither the floor area nor the cubic content is increased, except as allowed in Subsection A or B above; and

(3)

Restoration is begun within one year after destruction or damage and is diligently carried to completion.

§ 264-88 Nonconforming buildings and structures.

Except as hereinafter provided in this article, the lawful use of a building or structure existing at the time of the effective date of this chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of an equally or more restricted district. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, the use shall not hereafter be changed to a less restricted use. Each presently existing nonconforming use shall be neither enlarged nor increased. Each presently existing nonconforming use shall not be extended to occupy a greater area of land, nor shall additional nonconforming buildings or structures be erected on the land.

[Amended 9-12-2011 by Ord. No. 2011-15]

If a building or premises is destroyed or damaged by fire, by other casualty, or by an act of God, the building or premises may be restored, provided that:

(1)

Neither the floor area nor the cubic content is increased; and

(2)

Restoration is begun within one year after destruction or damage and is diligently carried to completion.

A building or structure can continue its legal nonconforming status if the proposed use of the building is consistent with the zoning classification of the previous use.

[Added 9-12-2011 by Ord. No. 2011-15]

Schenectady City Zoning Code

ARTICLE XII

Nonconforming Uses, Buildings and Structures

§ 264-83 Purpose.

§ 264-84 Continuation of use.

Except as hereinafter provided in this article, the lawful use of a building or structure existing at the time of the effective date of this chapter may be continued although such use does not conform to the provision hereof. Each presently existing nonconforming use shall not be extended to occupy a greater area of land, nor shall additional nonconforming buildings or structures be erected on the land except as provided for in § 264-87.

§ 264-85 Nonconformity due to change in provisions.

§ 264-86 Resuming discontinued nonconforming use.

[Amended 3-8-2010 by Ord. No. 2010-04; 9-12-2011 by Ord. No. 2011-15]

§ 264-87 Alteration of premises.

(1)

The use is the nonconforming use in existence when the building or structure was destroyed or damaged;

(2)

Neither the floor area nor the cubic content is increased, except as allowed in Subsection A or B above; and

(3)

Restoration is begun within one year after destruction or damage and is diligently carried to completion.

§ 264-88 Nonconforming buildings and structures.

Except as hereinafter provided in this article, the lawful use of a building or structure existing at the time of the effective date of this chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of an equally or more restricted district. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, the use shall not hereafter be changed to a less restricted use. Each presently existing nonconforming use shall be neither enlarged nor increased. Each presently existing nonconforming use shall not be extended to occupy a greater area of land, nor shall additional nonconforming buildings or structures be erected on the land.

[Amended 9-12-2011 by Ord. No. 2011-15]

If a building or premises is destroyed or damaged by fire, by other casualty, or by an act of God, the building or premises may be restored, provided that:

(1)

Neither the floor area nor the cubic content is increased; and

(2)

Restoration is begun within one year after destruction or damage and is diligently carried to completion.

A building or structure can continue its legal nonconforming status if the proposed use of the building is consistent with the zoning classification of the previous use.

[Added 9-12-2011 by Ord. No. 2011-15]

Schenectady City Zoning Code

ARTICLE XII

Nonconforming Uses, Buildings and Structures

§ 264-83 Purpose.

§ 264-84 Continuation of use.

Except as hereinafter provided in this article, the lawful use of a building or structure existing at the time of the effective date of this chapter may be continued although such use does not conform to the provision hereof. Each presently existing nonconforming use shall not be extended to occupy a greater area of land, nor shall additional nonconforming buildings or structures be erected on the land except as provided for in § 264-87.

§ 264-85 Nonconformity due to change in provisions.

§ 264-86 Resuming discontinued nonconforming use.

[Amended 3-8-2010 by Ord. No. 2010-04; 9-12-2011 by Ord. No. 2011-15]

§ 264-87 Alteration of premises.

(1)

The use is the nonconforming use in existence when the building or structure was destroyed or damaged;

(2)

Neither the floor area nor the cubic content is increased, except as allowed in Subsection A or B above; and

(3)

Restoration is begun within one year after destruction or damage and is diligently carried to completion.

§ 264-88 Nonconforming buildings and structures.

Except as hereinafter provided in this article, the lawful use of a building or structure existing at the time of the effective date of this chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of an equally or more restricted district. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, the use shall not hereafter be changed to a less restricted use. Each presently existing nonconforming use shall be neither enlarged nor increased. Each presently existing nonconforming use shall not be extended to occupy a greater area of land, nor shall additional nonconforming buildings or structures be erected on the land.

[Amended 9-12-2011 by Ord. No. 2011-15]

If a building or premises is destroyed or damaged by fire, by other casualty, or by an act of God, the building or premises may be restored, provided that:

(1)

Neither the floor area nor the cubic content is increased; and

(2)

Restoration is begun within one year after destruction or damage and is diligently carried to completion.

A building or structure can continue its legal nonconforming status if the proposed use of the building is consistent with the zoning classification of the previous use.

[Added 9-12-2011 by Ord. No. 2011-15]