Valatie City Zoning Code
ARTICLE VI
Nonconforming Buildings, Uses and Lots 1
§ 345-28 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.
§ 345-29 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.
Whenever a nonconforming use of land, premises, buildings or structures or any part or portion thereof has been discontinued for a period of 18 months, such nonconforming use shall not thereafter be reestablished on the said premises or the part or portion affected, and all future use of the said premises or part or portion affected shall be in conformity with the use permitted in the district in which it is located. Such discontinuance of the active and continuous operation of such nonconforming use or a part or portion thereof for such period of 18 months is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment or other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than 18 months, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
§ 345-30 Extension; alteration.
[Amended 2-8-1994 by L.L. No. 2-1994]
A nonconforming use shall not be extended or enlarged, nor shall a nonconforming building 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.
§ 345-31 Maintenance and repairs.
A building or structure of a nonconforming use may be repaired or restored to a safe condition.
§ 345-32 Changes to other nonconforming uses.
A nonconforming use of a building, structure or land may be changed to another nonconforming use which is of the same or more restricted in 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 §§ 345-4 and 345-9. 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.
§ 345-33 Restoration.
No building damaged by fire or other causes to the extent of more than 50% of its value shall be repaired or rebuilt except in conformity with the regulations of this chapter. Value shall be determined by dividing the state equalization ratio into the assessed value.
§ 345-34 Construction started prior to adoption, of provisions.
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.
§ 345-35 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 specified 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 following minimum yard dimensions are maintained for residences. In no case need the yard dimensions below exceed those for the district in which located.
(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.
§ 345-36 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.
§ 345-37 Special rules for lots improved by single-family residential structures.
[Added 2-8-1994 by L.L. No. 2-1994]
When a lot is improved by a single family residence and is lawfully used for residential purposes pursuant to § 345-28 or 345-35 of this article:
A.
A structure not exceeding 54 square feet nor more than one story may be located within the yards otherwise required by the Density Control Schedule[1] of this chapter, provided that no such structure shall be located closer than four feet to any property line or four feet to any other structure located on the premises; and
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
B.
Additions to such lawful residence or accessory structures (if not allowed under A hereinabove) shall be allowed, provided that such structures or any portions thereof are not located in the required yards as provided in the Density Control Schedule.