[Amended 7-25-2016 by L.L. No. 5-2016[1]]
The following provisions shall apply to all buildings, structures and uses existing on the effective day of this chapter which do not conform to the requirements set forth in this chapter. The following provisions shall also apply to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning District Map which is a part thereof, and to all complying buildings housing nonconforming uses. Nothing contained in either this article or elsewhere within this chapter shall be construed as requiring the grant of a variance by the Zoning Board of Appeals to maintain or restore a nonconforming or noncomplying building, structure or use, in accordance with the provisions of below §§ 125-94, 125-95 and 125-96.
A.
Any lawful: (i) nonconforming building or structure; (ii) nonconforming
use of any nonconforming building or structure; (iii) nonconforming
use of a conforming building or structure; or (iv) nonconforming use
of land in existence on the effective date of this chapter may be
continued indefinitely if maintained in accordance with all applicable
codes, ordinances, regulations and other requirements, but:
(1)
Shall not be enlarged, expanded, extended, altered, 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.
(2)
Shall not be moved to another location where such use would be nonconforming,
except as provided in this article.
(3)
Shall not be changed to another nonconforming use without prior approval
by the Board of Appeals and then only to a use which as determined
by the Board of Appeals is of the same or a more restricted nature.
If the Board of Appeals approves such changes, they shall conform,
to the extent practicable, to current design standards and are also
subject to site plan approval by the Planning Board.
(4)
Shall not be reestablished if such use has been discontinued for
any reason, whether through vacancy or cessation of use, for a period
of one calendar year or longer, or has been changed to, or replaced
by, a conforming use for any period of time, with the intent to resume
a nonconforming use not conferring the right to do so.
(5)
Any noncomplying building or structure declared unsafe by the Zoning
Enforcement Officer, the Code Enforcement Officer or other proper
authority may be restored to a proper condition within the time period
provided by such authority.
[Amended 7-25-2016 by L.L. No. 5-2016]
B.
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a permitted use to any portion of a nonconforming building or structure, which existed prior to the effective date of this chapter. Further, nothing contained herein shall prohibit the replacement of any mobile home or manufactured home legally existing in the Town of Rhinebeck at the time of adoption of this chapter, provided that the replacement structure is a manufactured home, as that term is defined in Article XIII of this chapter, and is in full compliance with the requirements of the New York State Uniform Fire Prevention and Building Code and no existing nonconformities or noncompliances are increased. Any replacement manufactured home that has a gross floor area exceeding by 20% the gross floor area of the replaced mobile home or manufactured home shall require the issuance of an area variance. No nonconforming use shall, however, be extended to displace a presently conforming use.
Nothing contained in this article shall be deemed to prevent or require Board of Appeals or Planning Board approval for normal repair and maintenance, or structural alteration of a nonconforming building or structure, provided such action does not increase the degree of, or create any new, nonconformity with regard to setbacks, height, lot coverage, or other regulations set forth within the Zoning Law pertaining to buildings or structures. Any enlargement, expansion or extension of a nonconforming building or structure shall require the approval of the Planning Board as provided below and for those uses, buildings or structures governed by Article IX, § 125-101.
A.
A nonconforming business or commercial use may be expanded within an existing structure or on an existing site, provided that the extent of such expansion, whether occurring as a single expansion or as the aggregate of two or more smaller expansions, does not exceed 50% of the gross floor area of the structure or of the site dedicated to the nonconforming use at the time of enactment of this chapter, and shall not require approval by the Board of Appeals. Any such expansion shall, however, require special permit and site plan review and approval by the Planning Board in accordance with Articles VI and VII of this chapter. In acting on such special permit and site plan review, the Planning Board shall, to the extent practicable, apply the current supplemental regulations which apply to such use, and also any current design standards which apply to such use.
B.
An existing building or structure housing a nonconforming business or commercial use may be extended and thereafter occupied by the nonconforming use, provided that the extent of such addition, whether occurring as a single addition or as the aggregate of two or more smaller additions, does not exceed 50% of the gross floor area of the existing building or structure and the addition is in strict compliance with the requirements set forth for the zoning district in Article IV of this chapter. Any such extension shall require special permit and site plan review and approval by the Planning Board in accordance with Articles VI and VII and shall not require approval of the Board of Appeals. In acting on such special permit and site plan review, the Planning Board shall, to the extent practicable, apply the current supplemental regulations which apply to such use, and also any current design standards which apply to such use.
Nothing contained in this article shall be deemed to prevent
restoration of a lawful nonconforming use, building or structure after
damage for any reason or by any cause, provided that the bulk, height
and area shall not be in excess of that which existed prior to damage;
that all applicable New York State Uniform Fire Prevention and Building
Code provisions are fully complied with; that other applicable zoning
requirements are complied with; and that the restoration be commenced
within six calendar months of the damage and be fully completed within
two calendar years of such occurrence.
Each of the nonconforming uses and/or structures specified below
is deemed to be sufficiently objectionable and out of character in
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 herein as one that is reasonable to permit the amortization
of the remaining value, if any, of such use.
C.
Any sign, excluding billboards, which include such features as are prohibited in Article V, § 125-37A, of this chapter which were lawfully erected prior to June 26, 1989, will have nonconforming status. However, at the time such properties, or businesses, with nonconforming signs submit an application to the Planning Board for site plan approval and/or special permit approval, the applicant will be subject to compliance by the Planning Board with the provisions of Article V, § 125-37A.
D.
Any accessory 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 from the premises by the owner of the sign and/or premises
upon which the sign is located within 10 days after receipt of written
notice from the Zoning Enforcement Officer to remove such obsolete
sign.
E.
Any nonconforming sign, including supporting structure, unrelated
to the activity on the site, except for off-premises directional signs,
shall be removed not more than one year from the effective date of
this chapter.
F.
Any nonconforming automobile wrecking yard or other junkyard shall
be discontinued not later than two years from the effective date of
this chapter.
G.
Any nonconforming outdoor lighting which does not contain features as provided in Article V, § 125-56, of this chapter shall be deemed to be nonconforming lighting. However, at the time the owner or lessee of the property having a nonconforming lighting submits an application to the Planning Board for site plan and/or special permit approval, the nonconforming lighting shall be subject to compliance with the provisions of Article V, § 125-56, of this chapter.
Any construction, use or occupancy of any land, building or
structure which has been lawfully commenced prior to the effective
date of this chapter, pursuant to a valid special use permit, site
plan approval, subdivision approval, variance, operating permit, certificate
of use and/or building permit, may be completed and used in accordance
with the conditions of said approval and plans on file with the applicable
board, Code Enforcement Officer or Zoning Enforcement Officer, provided
such construction and/or use is diligently pursued, and the building,
structure or commencement of use of the land is completed within two
calendar years of the adoption of this chapter or within the time
period specified in the applicable approval and/or building permit,
whichever is earlier.
Nothing herein shall prevent an increase in the volume of the
nonconforming use, provided that the increase in volume is not a result
of:
Notwithstanding provisions contained in this article, all nonconforming uses shall comply with the general performance standards set forth in Article V, § 125-35, of this chapter, regardless of whether the conduct of the use or use of the building or structure was in compliance with those general performance standards on the date of the enactment of this chapter.
Any use, structure or building lawfully established prior to
the enactment of the Zoning Law or its predecessor, which is not prohibited
by the provisions of this chapter, but which requires the issuance
of a special use permit or site plan approval, shall be deemed to
be a lawful nonconforming use pursuant to this chapter. In the event
any such nonconforming use, building or structure is proposed to be
enlarged or expanded, or any site improvements are added to the site
on which the nonconforming use, building or structure is operated
or maintained, special use permit approval in accordance with the
special permit requirements of that use and/or site plan approval
shall be required only for such expansions, enlargement and/or addition.
During the course of such special permit and/or site plan approval
process, the Planning Board shall have the power to require such changes,
modifications and/or alterations in the nonconforming use, building
and/or structure which it determines are necessary to mitigate significant
environmental impacts of the use, building and/or structure identified
during the SEQRAA review of the application, or to mitigate any adverse
impacts upon neighboring properties and the community to the fullest
extent practicable.
