Woodstock City Zoning Code
ARTICLE IX
Nonconforming Uses and Noncomplying Buildings
§ 260-93 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 noncomplying or nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof, and to all complying buildings housing nonconforming uses.
§ 260-94 Nonconforming uses.
A.
Any lawful nonconforming use of buildings or open land in existence on the effective date of this chapter, except those specifically defined in § 260-97 below, may be continued indefinitely if maintained in accordance with all applicable codes, ordinances, regulations, and other requirements but shall not be:
(1)
Enlarged, altered, extended, reconstructed or restored, except as provided in this article, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be substantially increased by any means whatsoever.
(2)
Moved to another location where such use would be nonconforming.
(3)
Changed to another nonconforming use.
(4)
Reestablished if such use has been discontinued for any reason, whether through vacancy or cessation of use, for a period of 12 months or longer, or has been changed to or replaced by a conforming use. The intent to resume a nonconforming use shall not be deemed as conferring the right to do so.
B.
Additional standards.
(1)
The owner of any already established and legal small business, light industry, or residence may expand or increase the size and area of any or all such buildings provided that the cumulative aggregate increase shall not exceed 25% of their total size and area on May 19, 1989, the effective date of this chapter.
(2)
Any business or light industry made nonconforming by the Zoning Ordinance of the Town of Woodstock of 1965 may not increase the size and area of said building more than 25% of its total aggregate size and area as of the time of passage of that ordinance.
(3)
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a lawful use to any portion of a noncomplying building or structure which existed prior to the effective date of this chapter. No nonconforming use shall, however, be extended to displace a presently conforming use.
§ 260-95 Noncomplying buildings.
Normal repair and maintenance of a noncomplying building shall be allowed provided that such action does not increase the degree of noncompliance or create any new noncompliance. Further, any noncomplying building or structure declared unsafe by the Zoning Enforcement Officer or other proper authority may be restored to a proper condition within the time period provided by such authority.
§ 260-96 Restoration after damage.
Nothing contained in this article shall be deemed to prevent the restoration of a lawful nonconforming use after damage for any reason or by any cause, provided that:
A.
The bulk, height and area shall not be in excess of that which existed prior to the damage;
B.
All applicable New York State Uniform Fire Prevention and Building Code provisions shall be fully complied with; and
C.
The restoration shall be commenced within 12 months of the damage and be fully completed within 36 months of such occurrence, or the use of such buildings or lands as a legal nonconforming use shall thereafter be terminated.
§ 260-97 Termination of certain uses.
Each of the nonconforming uses 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 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 as one that is reasonable to permit the amortization of the remaining value, if any, of such use.
A.
Any nonconforming or noncomplying sign, accessory or nonaccessory, including such features as are prohibited in § 260-31 of this chapter, shall be modified by its owner to conform or be removed within 30 days after notice to the owner from the Zoning Enforcement Officer to so comply.
B.
Any sign existing on or after the effective date of this chapter which advertises a business no longer conducted, product no longer available, or service no longer provided on the premises shall be removed by the owner of the sign and/or premises upon which the sign is located within 10 days after notice to the owner from the Zoning Enforcement Officer to remove such obsolete sign.
C.
All outdoor lighting fixtures shall be brought into compliance with § 260-29C of this chapter within 24 months of the effective date of this chapter.
D.
Any barbed wire fence or portion thereof which is removed for any reason or by any cause shall not be restored or rebuilt.