Woodbury Village City Zoning Code
ARTICLE VII
Nonconforming Buildings, Lots and Uses
§ 310-43 Nonconforming buildings.
A.
Purpose. The purpose of this section is to reduce or minimize impacts of buildings which do not conform to the Bulk Table or other dimensional regulations of this chapter.
B.
A building lawfully existing on July 11, 1990 (the day immediately preceding the effective date of the Town predecessor to this chapter), or lawfully existing on the day immediately preceding the effective date of any amendment to this chapter affecting such building, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, subject to the following:
(1)
Such nonconforming buildings may be remodeled or reconstructed provided that such action does not create any new noncompliance or increase the degree of noncompliance in accordance with the permitted Bulk Table and other dimensional regulations of this chapter. An increase in the degree of noncompliance shall include, but not be limited to, the following:
(a)
The lateral extension of the building, even where the distance of that building to the property line remains the same.
(b)
An upward expansion of the building, or the infilling of open-air space (such as a porch), even at the same dimension as an existing setback noncompliance (because such an expansion necessarily increases the mass or volume of the noncompliance).
(2)
Reconstruction of a damaged nonconforming building.
(a)
A nonconforming building (whether housing a conforming or a nonconforming use) which has been damaged by fire or other causes to the extent of more than 50% of its fair market value shall not be repaired or rebuilt unless such building is made to conform to the height and yard requirements of the Bulk Table and other dimensional regulations of this chapter.
(b)
Application for a permit to repair or rebuild a nonconforming building damaged 50% or less shall be filed within one year of the day of such damage. If such permit is issued, it shall expire two years thereafter at which time all work must be completed or a certificate of occupancy shall not be issued.
(3)
Repairs and maintenance. Consistent with the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any nonconforming building.
(4)
The reduction in square footage of a nonconforming building shall be permitted unless, in the Building Inspector's opinion, special circumstances exist which are likely to cause adverse environmental impacts, in which case the applicant shall obtain a special permit from the Zoning Board of Appeals.
§ 310-43.1 Nonconforming lots of record.
A.
A single residential lot separated by other land not in the same ownership and made nonconforming as to area or width by the 2011 revisions to this chapter, and not otherwise vested as to other zoning by state statutory or common law, may be used for a single-family dwelling, provided that the lot complies with the setback requirements of the district in which it is located.
B.
Two or more adjacent lots under the same ownership that were made nonconforming as to area or width by the 2011 revisions to this chapter, and not otherwise vested as to other zoning by state statutory or common law, may each be used for one single-family dwelling, provided that the lot complies with the setback requirements of the district in which it is located.
C.
Residential lots that were made nonconforming as a result of the enactment of revisions to this chapter as to area and width shall not be required to secure a variance from the Zoning Board of Appeals for construction of a single-family residence provided the minimum area provided conforms with the following:
(1)
Lots subdivided prior to 1953 shall have a minimum lot area of 15,000 square feet.
(2)
Lots subdivided later than 1953 but prior to July 12, 1990, require a minimum of 20,000 square feet.
(3)
Lots subdivided on and after July 12, 1990, require a minimum of 30,000 square feet or the minimum lot requirements for the district in which the subdivision was approved.
(4)
Lots shall have access to municipal water and sewer services or, if not available to the site, water and sewer services shall meet current New York State and Orange County Health Department standards.
(5)
Lots shall meet all setback requirements for the district in which they are located.
D.
All lots mentioned in Subsections B and C above shall have a minimum lot width of 100 feet.
§ 310-43.2 Nonconforming uses.
A.
Purpose. The purpose of this section is to reduce or minimize impacts of uses of buildings and open land that do not conform to the use requirements set forth in this chapter.
B.
Nonconforming uses. Except as provided hereinafter, the nonconforming use of buildings or land lawfully existing on July 11, 1990 (the day immediately preceding the effective date of the Town predecessor to this chapter), or the nonconforming use of buildings or land lawfully existing on the day immediately preceding the effective date of any amendment to this chapter affecting such use, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such use:
(1)
Shall not be enlarged, altered, extended, or restored, or placed on a different portion of the lot or parcel of land occupied by such use, nor shall any external evidence of such use be increased by any means whatsoever, except as provided in Subsection C herein.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval by the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or of a more-restrictive nature.
(4)
If changed to a more-restrictive nonconforming use, shall not be changed back to a less-conforming use.
(5)
Shall not be reestablished or changed to another nonconforming use if such use has been discontinued for any reason for a period of one year. Intent to resume a nonconforming use shall not confer the right to do so.
(6)
Shall not be reestablished if such use has been changed to or replaced by a conforming use.
(7)
Shall not be repaired or rebuilt if the nonconforming use is damaged by fire or other causes to the extent of 50% or more of its fair market value as determined by the Assessor unless the use is changed to a conforming use.
C.
Expansion of nonconforming use. Notwithstanding any other provision herein, the Zoning Board of Appeals may issue a special permit for the expansion of a nonconforming use of a building by up to 10% of the floor area of the principal structure, provided it finds that:
(1)
Said expansion of the use is not detrimental to surrounding properties or to the health, safety and general welfare of the immediate neighborhood; and
(2)
No need for an expansion of off-street parking or traffic generation will occur in a residential district as a result of such an expanded use.