Walden City Zoning Code
ARTICLE VIII
Nonconforming Uses, Buildings or Structures
§ 305-42 Applicability.
The provisions of this article shall apply to all buildings or structures or to a use of a building or structure or lot lawfully existing prior to the effective date of the original Zoning Ordinance or of subsequent amendments, revisions or reenactments of such ordinance, which buildings, structures or uses do not conform to the provisions of said original Zoning Ordinance or such revisions or reenactments on their effective dates.
§ 305-43 Unlawful buildings or structures.
No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure or use.
§ 305-44 Continuance of use.
A.
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto, which does not comply after the effective date of this chapter or any amendment thereto with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied.
[Amended 3-8-2011 by L.L. No. 4-2011]
B.
Except for routine maintenance and repairs, a building or structure used by a nonconforming use may not be reconstructed, structurally altered, restored or repaired except in compliance with the requirements of § 305-54(C)(2)(a), (b) or (c), as applicable, of this Code.
[Amended 11-20-2018 by L.L. No. 8-2018]
C.
A nonconforming building or structure utilized by a conforming use, may be reconstructed, structurally altered, restored or repaired, in whole or in part, so long as the degree of nonconformity is not increased and so long as there is compliance with the requirements of § 305-54(C)(2)(d) of this Code.
[Amended 11-20-2018 by L.L. No. 8-2018]
§ 305-45 Extension of use.
A nonconforming use shall not be enlarged or extended, except as provided in § 305-54.
§ 305-46 Change in use.
A nonconforming use shall be changed only to a conforming use, except as provided in § 305-54D(2).
§ 305-47 Abandonment of use.
[Amended 9-20-2016 by L.L. No. 7-2016]
A.
A nonconforming use shall be deemed to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building or structure designed for such use, when it has been discontinued for a period of 12 consecutive months.
(3)
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been discontinued for a period of six consecutive months.
C.
Notwithstanding anything to the contrary contained in the sections above, or anywhere else in this Code, in the case of a structure that was built prior to 1958 that was specifically constructed as a two-family or multifamily residential dwelling, or was being utilized as a two-family or multifamily dwelling in 1958 when zoning was first adopted in the Village, the use of such as a two-family or as a multifamily may be continued or resumed, as the case may be, and shall not be deemed abandoned, subject to compliance with the following criteria:
[Added 4-3-2018 by L.L. No. 1-2018]
(1)
In order for a two-family structure to be entitled to the protection provided pursuant to this section, the following criteria must be satisfied:
(a)
The structure must have been built prior to 1958;
(b)
The structure must have been built as a two-family dwelling;
(c)
Each apartment must have a minimum usable floor space of 900 square feet or more;
(d)
There must be compliance with the off-street parking requirements for each apartment as set forth in Village Code § 305-26;
(e)
The structure must satisfy all applicable requirements of the New York State Uniform Fire Prevention and Building Code.
(2)
In order for a multifamily dwelling to be entitled to the protection provided pursuant to this section, the following criteria must be satisfied:
(a)
The structure must have been built prior to 1958;
(b)
The structure must have been built as a multifamily dwelling;
(c)
Each apartment must have a minimum usable floor space of 1,000 square feet or more;
(d)
There must be compliance with the off-street parking requirements for each apartment as set forth in Village Code § 305-26;
(e)
The structure must satisfy all applicable requirements of the New York State Uniform Fire Prevention and Building Code.
D.
Compliance with the requirements of § 305-47C must be demonstrated by the submission of proof satisfactory to the Village Building Inspector. Determinations issued by the Building Inspector may be appealed to the Village Zoning Board of Appeals pursuant to the applicable provisions of the New York State Village Law.
[Added 4-3-2018 by L.L. No. 1-2018]
E.
The provisions of § 305-47C shall not be construed to limit, impair, alter or diminish the continued utilization of any nonconforming use that has not been abandoned and which otherwise qualifies as a nonconforming use pursuant to the provisions of this Code.
[Added 4-3-2018 by L.L. No. 1-2018]
F. MULTIFAMILY DWELLING TWO-FAMILY DWELLING
As used in § 305-47C, the terms "two-family dwelling" and "multifamily dwelling" shall have the following meanings:
[Added 4-3-2018 by L.L. No. 1-2018]
A building that contains more than two separate dwelling units, each with provisions for cooking, living, sanitary and sleeping facilities, used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by more than two families living independently of each other in a stable, permanent living arrangement.
A building that contains two separate dwelling units, each with provisions for cooking, living, sanitary and sleeping facilities used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes of two families living independently of each other in a stable, permanent living arrangement.
§ 305-48 Nonconforming lots.
[Added 11-26-1985 by L.L. No. 12-1985]
A nonconforming lot, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter or amendment hereto, may be used or a building or structure may be erected on such lot for use in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is offered in the form of a title search. Nonconforming lots, not separately owned and adjoining any lot or lands in the same ownership at the effective date of this chapter or amendment hereto, shall be deemed to be merged with such adjoining lot or lands so as to lessen or eliminate the nonconformity.