Schodack City Zoning Code
ARTICLE XIII
Nonconforming Uses, Lots and Structures
§ 219-136 Applicability.
The following provisions shall apply to all uses, lots, and structures 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 the Zoning Map, which is a part thereof,[1] and to all complying buildings housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is on file in the Office of the Town Clerk.
§ 219-137 Nonconforming uses.
A.
Any pre-existing nonconforming use of structures or open land, except those specified in herein this section of the Zoning Law, may be continued indefinitely, but:
(1)
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided below, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be substantially increased by any means whatsoever. Notwithstanding the foregoing, an owner of real property located in a HM, CM, or C District and which is being lawfully used as a "one-family dwelling" pursuant to legal non-conforming use shall be permitted to improve said property with a private garage or carport as a permitted accessory use, provided that the area and bulk requirements applicable to RA Districts are met and subject to compliance with all applicable requirements of the Town Code.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more.
(4)
Shall not be restored for other than a conforming use after damage for any reason or by any cause exceeding 75% of its prior market value or bulk, with the further provision that the bulk, height and area requirements shall not be in excess of that which existed prior to the damage and that the restoration must be completed within two years of such occurrence or the use of such buildings or land as a legal nonconforming use shall thereafter be terminated.
B.
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter. No nonconforming use shall, however, be extended to displace a conforming use.
§ 219-138 Nonconforming buildings and structures.
Any structure which lawfully existed on the effective date of this article and fails to meet the bulk regulations as set forth in Attachment 2: Schedule of Area and Bulk Regulations, or other applicable requirements of the chapter, shall be considered a legal nonconforming structure.
A.
Restoration. If a nonconforming structure is more than 50% destroyed or damaged by fire, flood, explosion, or other casualty, or has been deemed unsafe by the Code Enforcement Officer, said structure may be restored to the pre-existing nonconforming setbacks. If such damage destroys 75% or more of the building, such restoration shall begin within 36 months of the date of casualty.
B.
Enlarging, extending, or altering. No nonconforming structure shall be enlarged, extended or altered except for the following:
(1)
Such alteration, maintenance and repair work as required to keep said structure in a safe condition.
(2)
Such alterations or construction which would bring the structure into conformity with the requirements of this chapter.
(3)
The Town of Schodack has identified four locations within the Town that possess unique property dimensions that routinely result in difficultly in compliance with the Town's bulk requirements. These four locations are afforded a nonconforming exemption as follows:
(a)
Nonconforming residential structures in Nassau Lake, Schodack Landing, South Schodack Station or Muitzeskill have been identified as a Nonconforming Exemption Location (see Figure 1) and may be permitted to be enlarged, extended, or altered by a maximum of 50% of the existing residential building's square footage as determined by the nonconforming structure's size at the time of the adoption of this chapter.
(b)
Expansions of a nonconforming residential in the identified Nonconforming Exception Locations may not infringe on the existing front or side setbacks, and may be expanded in the rear not to exceed 25 feet from the rear lot line and may add height, provided that provided that such increase in height does not exceed 35 feet.
(c)
Such nonconforming residential structures in the identified Nonconforming Exception Locations may be permitted to rebuild to their pre-existing setbacks, even if 100% destroyed.
(d)
Such non-conforming residential use shall meet County Health Department approval for private well and/or sanitary septic use if required.
C.
Nothing contained in this article shall be deemed to prevent normal repair and maintenance of, or structural alteration within a nonconforming building, provided such action does not expand or enlarge a nonconforming structure or create any new nonconformity.
D.
Further, any nonconforming building or structure declared unsafe by a proper authority may be restored to a proper condition within the time period provided by such authority.
Figure 1: Nonconforming Exemption Locations  |
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§ 219-139 Nonconforming lots.
A.
If a lot of record lawfully existed prior to the adoption of this Zoning Law, or any applicable amendment thereto, fails to meet applicable coverage, setback, or lot size standards as set forth in this Zoning Law, the lot may be developed with any allowable use listed for the Zoning District in which such nonconforming lot is located, provided that it can meet all additional requirements of the Zoning Law.
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 lawful structure exists on the merged lot.