This Article VII applies only to uses in existence on the effective date of this chapter. Except as otherwise expressly provided in § 245-31, the lawful use of any premises existing on the effective date of this chapter may be continued although neither such use nor the bulk of same conforms to the regulations. The effective date of this chapter as referred to in this Article VII shall also include the effective date of any subsequent amendment to this chapter which may cause any use to become a nonconforming use subject to the regulations herein, provided that a use in existence at the effective date of this chapter, which use is permitted by special permit within the district in which the use is located, shall be considered a conforming use for the purposes of this chapter and shall not be required to obtain a special permit to continue said use.
Normal maintenance and repair, structural alterations
in and the moving, reconstruction or enlargement of a building with
nonconforming bulk is permitted with the approval of the Zoning Board
of Appeals if the same does not increase the degree of or create any
new nonconforming bulk in such building, provided that said repair
or reconstruction is completed within one year after destruction of
said building.
A.
Repair and alteration. Normal maintenance and repair
of an incidental alteration in a building occupied by a nonconforming
use is permitted if it does not extend the nonconforming use. No structural
alteration or enlargement shall be made in a building occupied by
a nonconforming use, except:
B.
Change of use. Any nonconforming use may be changed
to any conforming use, or on application to and with the approval
of the Zoning Board of Appeals, to any use which the Board of Appeals
deems to be more in the district in which the said change of use is
proposed.
C.
Discontinuance of use. If active and continuous operations
are not carried on with respect to a nonconforming use during a continuous
period of one year, the building or land where such nonconforming
use previously existed shall thereafter be occupied and used only
for a conforming use. Intent to resume active operations shall not
affect the foregoing.
D.
Extension or enlargement. Extension or enlargement
shall mean:
(1)
In the case of a nonconforming use in a building,
the enlargement of such building so as to create additional floor
area, the extension within any existing building to any portion of
the floor area therein not formerly used for such nonconforming use,
except where such additional floor area was manifestly designed for
such use at the time such use became nonconforming, or extension of
the use of an area outside of the building.
(2)
In the case of a nonconforming nonbuilding use, the
use of any additional land on which no substantial operations were
previously conducted, provided that any such extension or enlargement
is on the same lot occupied by the nonconforming use on the effective
date of this chapter. A nonconforming use shall not be extended, except
as follows: to the extent the district bulk regulations permit, on
application to and with the approval of the Zoning Board of Appeals.
E.
Damage and destruction. If a building occupied by
a nonconforming use is damaged to the extent of 50% or more of its
real value, such building may be repaired, provided that substantial
work is undertaken within one year after such damage; otherwise such
building shall thereafter be occupied only by a conforming use. This
provision shall not prevent the repair of nonconforming buildings
damaged to the extent of less than 50% of its real value.
F.
Termination of certain nonconforming uses and nonconforming
features of such uses. Each of the nonconforming uses and nonconforming
features of such uses specified in this section may be continued after
the effective date of this chapter for a reasonable period of amortization,
as specified below, provided that after the expiration of such period
of amortization such nonconforming uses or nonconforming features
thereof shall then be terminated as specified below:
(1)
Nonconforming signs and storefront protective grilles.
In any district, any advertising sign, or any other sign not of a
type permitted or which does not conform to the requirements of this
chapter, may be continued for three years after the effective date
of this chapter, provided that after the expiration of that period
such nonconforming use shall then be terminated. Nonconforming storefront
protective grilles shall be subject to the same three-year limitation.
(2)
Nonconforming open storage yards, outdoor displays
or junkyards in any residential district, PO, HB, CBD, WD or M District.
Any nonconforming open storage yard or any outdoor display or storage
of merchandise in connection with an auction establishment or store
specializing in secondhand merchandise, in any residential district,
PO, HB, CBD, WD or M District, which is nonconforming, either because
not permitted in the district or because not located within a completely
enclosed building, may be continued for one year after the effective
date of this chapter, provided that after the expiration of that period
such nonconforming use shall then be terminated. However, no such
use will be required to terminate if within said period it shall be
located within a completely enclosed building. Any nonconforming junkyard
in any residential district, PO, HB, CBD, WD or M District may be
continued for three years after the effective date of this chapter,
provided that after the expiration of that period such nonconforming
use shall then be terminated.
(3)
Nonconforming manufacturing uses in residential districts. In any residential district, any nonconforming manufacturing use which is first permitted by right in the PI District may be continued for 10 years after the effective date of this chapter or 30 years after the initial establishment of such use or any addition thereto adding 50% or more to the real value of such use, whichever is the longer period, provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use shall be required to be terminated if it can conform to the performance standards in Article IV.
(4)
Nonconforming parking of commercial vehicles in residential
districts. In any residential district any nonconforming parking of
commercial vehicles may be continued for one year after the effective
date of this chapter, provided that after the expiration of that period
such nonconforming use shall then be terminated.
(5)
Nonconforming parking and loading spaces.
(a)
In any district, nonconforming parking and loading
spaces may be continued for two years after the effective date of
this chapter, provided that, after the expiration of this period,
and provided further that the owner of the nonconforming premises
has sufficient available open land at the site to provide parking
and loading spaces which conform to the requirements of this chapter,
such nonconforming use and feature shall terminate.
(b)
Within one year after the effective date of
this chapter, the owners of all nonconforming uses situated in nonresidential
districts shall provide such landscaping and screening as shall be
required by the Zoning Board of Appeals to protect the residential
character of the surrounding R Districts.
G.
Modification by Zoning Board of Appeals. If, on application made at least six months before the expiration of the period prescribed in Subsection F of this section for termination of a nonconforming use or nonconforming feature thereof, the Zoning Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use or nonconforming feature thereof, then the Zoning Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed, and such extension can be granted only once for any use.
H.
Certificate of occupancy for legal nonconforming use.
Upon written request from the owner or occupant, the Code Enforcement
Officer shall issue a certificate of occupancy for any existing lawful
nonconforming use and occupancy of a building or land after verification
by inspection of the same, provided that there are no violations of
law or orders of the Code Enforcement Officer or Zoning Board of Appeals
pending at the time of issuing such certificate. In addition, affidavits
or other competent evidence must be submitted to the Code Enforcement
Officer certifying that the use was lawfully established after, or
existed prior to, the appropriate effective date of the Zoning Chapter
of the Code of the Village of Haverstraw.
