Union Vale City Zoning Code
ARTICLE VIII
Nonconforming Uses and Noncomplying Buildings, Structures and Bulk
§ 210-67 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 the Zoning District Map which is a part hereof, and to all complying buildings housing nonconforming uses.
§ 210-68 Nonconforming uses.
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, extended, 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 land area of the portion 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. Any such extension shall be preceded by site plan review and approval by the Planning Board in accordance with Article VII 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 a greater floor area or be able to accommodate a greater number of patrons or customers than the facility which existed prior to the damage, that all applicable provisions of the New York State Uniform Fire Prevention and Building Code are strictly met, 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.
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 without prior approval by the Zoning Board of Appeals and then only to a use that, as determined by the Board of Appeals, is of the same or more restricted nature. Such change shall also be preceded by site plan review and approval by the Planning Board in accordance with Article VII of this chapter.
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.
§ 210-69 Noncomplying buildings and structures.
A.
Any noncomplying building or structure 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 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 Town Code Enforcement Officer 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 Code Enforcement Officer or other authority.
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 noncompliance is created, that the bulk, height and area of the building as reconstructed shall not be in excess of that which existed prior to the loss or removal, that all applicable provisions of the New York State Uniform Fire Prevention and Building Code are strictly met, and that a building permit is applied for within six calendar months of the loss or removal and that all work associated with the replacement building is completed within 12 calendar months of the issuance of said building permit.
§ 210-70 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, whether accessory or nonaccessory, existing on the effective date of this chapter which includes any of the specific features prohibited in Article V, § 210-26B(4), (5) or (7) 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 upon prior notification of not less than 30 calendar days from the Town Code Enforcement Officer.
B.
Any accessory sign existing on or after the effective date of this chapter which is obsolete, i.e., the sign 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 60 calendar days of the effective date of this chapter upon prior notification of not less than 30 calendar days from the Town Code Enforcement Officer. A period of 30 calendar days following notification from the Town Code Enforcement Officer shall be provided for the removal of any accessory sign that may later become obsolete.
C.
Except for temporary and directional signs authorized in Article V, § 210-26C 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 within three calendar years from the effective date of this chapter.
§ 210-71 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 Code Enforcement Officer, 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 two calendar years of the enactment of this chapter or any subsequent amendment thereto.