Village of Tivoli, NY
Dutchess County
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Table of Contents
Table of Contents
The lawful use of any land, or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective, may be continued, although such use does not conform with the provisions of this chapter, except as otherwise provided in this section.
When a nonconforming use of land or a building or a structure has been discontinued for a period of not less than one year, it shall not thereafter be reestablished, and the future use of the land, building or structure shall be in conformity with the terms of this chapter.
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this article, are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated, or increase any existing violation of such provisions.
A. 
Damage to a building or structure containing a nonconforming use. Any building or structure containing a nonconforming use which is damaged by fire, flood or other act of God or man may be reconstructed, provided that its use subsequent to reconstruction shall be the same as that prior to reconstruction or in conformity with the terms of the law.
B. 
Damage to a nonconforming building or structure. Any building or structure which does not conform to the terms of this chapter which is damaged by fire, flood or other act of God or man may be reconstructed, provided that:
(1) 
No building shall be reconstructed, altered or added to to extend further into any already deficient yard space or reduce an already deficient land area.
(2) 
No nonresidential building shall be reconstructed, altered or added to to occupy or to otherwise utilize land in addition to that utilized at the time of the enactment of this chapter.[1]
[1]
Editor’s Note: Former Subsection B(3), regarding floor area ratios, which immediately followed this subsection, was repealed 11-17-2010 by L.L. No. 1-2010.
A. 
Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed.
B. 
Permit to continue nonconforming use under construction at the time of this enactment. No more than 30 days after the enactment of this chapter, a permit shall be obtained from the Zoning Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Zoning Enforcement Officer, alteration or additions to such plans, except as may be in conformity with the terms of this chapter, shall not be permitted.
C. 
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter, for which permits are not obtained as provided in Subsection B above, shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter.
[Added 12-21-2016 by L.L. No. 1-2017]
Each of the nonconforming uses and/or structures 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 to 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 adoption of this section. Said period of time is specified herein as one that is reasonable to permit the amortization of the remaining value, if any, of such use.
A. 
Any nonconforming or noncomplying home occupation shall be modified to conform and obtain any necessary approvals or be removed within one year from the effective date of this section.
B. 
Any nonconforming or noncomplying use of land for parking or storage of a commercial vehicle shall be modified to conform and obtain any necessary approvals or be discontinued not later than three months from the effective date of this section.
C. 
Any nonconforming or noncomplying use of land for parking a trailer shall be modified to conform and obtain any necessary approvals or be removed within three months from the effective date of this Section.
D. 
Any nonconforming or noncomplying off-street parking in a residential district shall be modified to conform and obtain any necessary approvals or be removed within one year from the effective date of this section.