Wallkill City Zoning Code
ARTICLE IX
Nonconforming Buildings, Structures and Uses
§ 249-32 Conditions for continuance.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter; to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is part thereof; and to all buildings housing nonconforming uses.
A.
Any nonconforming use may be continued indefinitely, except those listed in Subsection E, but:
(1)
Alterations shall not be enlarged, extended, reconstructed, restored [except in conformance with Subsection B(3)] or placed on a different portion of the lot occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever; except that, the Planning Board may permit one expansion, not to exceed 15% of the existing ground floor area of said nonconforming use, provided that the bulk requirements specified in the district in which said nonconforming use is located shall be complied with. Such expansion permit shall be dealt with under the provisions of §§ 249-38 through 249-40 of this chapter. Nonconforming single-family residences, existing on the effective date of this chapter, shall not be governed by this subsection, except that they must conform to all required yard standards in the particular district.
(2)
Displacement. No nonconforming use shall be extended to displace a conforming use.
(4)
Discontinuance. No nonconforming use shall be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use.
(5)
District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses already existing within the area or subsequently created by the rezoning.
B.
Any nonconforming building or a building housing a nonconforming use may be continued indefinitely, but:
(1)
Altered. No nonconforming building shall be structurally altered, enlarged, restored [except in conformance with Subsection B(3)] or placed on a different portion of the lot on the effective date of this chapter; except that the Planning Board may permit one expansion, not to exceed 15% of the existing ground floor area of said nonconforming building, provided that the most restrictive bulk requirements specified in the district in which said nonconforming building is located shall be complied with. Such expansion permit shall be dealt with under the provisions of §§ 249-38 through 249-40 of this chapter. Nonconforming single-family residences, existing on the effective date of this chapter, shall not be governed by this subsection, except that they must conform to all required yard standards in the particular district.
(2)
Removed. No nonconforming building shall be moved to another location where such building and/or intended use would be nonconforming.
(3)
Restored after damage. A nonconforming building and/or use may be restored if damaged or destroyed by fire, vandalism or other act of God. Said restoration must be initiated and earnestly pursued within a one-year period following such damage.
C.
Nonconformity of area. Normal maintenance and repair, structural alteration, moving, reconstruction or enlargement of a building which does not contain a nonconforming use, but is nonconforming as to the district regulations for lot area, lot width, lot depth, front yard, side yard, rear yard, maximum height, maximum lot coverage or minimum livable floor space per unit, is permitted if the same does not increase the degree of or create any new nonconformity.
D.
Normal maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reasons why such alterations were deemed necessary.
E.
Cessation. The nonconforming uses specified below are deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the Town to the point that such nonconforming use shall be terminated on or before the expiration of the specified period of time for each use.
(1)
Any nonconforming dog kennels shall be terminated within one year from the effective date of this chapter unless they are made to conform with the following:
(2)
Any nonconforming parking lot or junkyard in an RA, RA-1, R-1 or R-2 District must be terminated.
[Amended 7-26-2007 by L.L. No. 15-2007]
(3)
Nonconforming signs. In the event that a sign was erected prior to the effective date of this chapter, which sign does not conform with the provisions and standards of this chapter, the requisite permit, as specified in § 249-11P, shall be granted for every such sign, provided that said sign is properly repaired and maintained and otherwise in conformance with this chapter. Nonconforming signs which are structurally altered, relocated or replaced shall immediately comply with all provisions of this chapter.
(4)
Any trailers or mobile homes not located in an approved trailer court, in accordance with §§ 249-29 and 249-31 of this chapter shall be deemed nonconforming. If the lot and/or trailer is vacated, abandoned or not occupied for one year or more, the Town shall cause such trailer to be removed as a nuisance and public hazard. Such lot shall not again be used as a trailer site. Notwithstanding the above, a nonconforming trailer or mobile home may be replaced by another trailer with a minimum floor area of 600 square feet, unless the one-year unoccupied status stated above is involved.
(5)
All uses made nonconforming by the adoption of this chapter, in the interest of safety and welfare, must be made to conform to the chapter within 60 days of the effective date of this chapter (i.e., swimming pools, fencing, flashing signs, etc.).