The following provisions shall apply to all uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter, to all uses that become nonconforming by reason of any subsequent amendment to this chapter and to all buildings containing such uses.
(1) 
Except as provided hereinafter, nonconforming use of buildings or open land, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use:
(a) 
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided elsewhere in this section, 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 increased by any means whatsoever.
(b) 
Shall not be moved to another location where such use would be nonconforming.
(c) 
Shall not be changed to another nonconforming use without approval by the Zoning Board of Appeals, and then only to a use which, in the opinion of said Board is of the same or of a more restricted nature. No building or land changed to a more restricted nonconforming use shall be changed back to a less restrictive use.
(d) 
Shall not be reestablished or changed to another nonconforming use if such use has been discounted for any reason for a period of one year. Intent to resume a nonconforming use shall not confer the right to do so.
(e) 
Shall not be reestablished if such use has been changed to or replaced by a conforming use.
(f) 
Shall not be restored for other than a conforming use after damage for any reason exceeding 75% of its market value. If the restoration of a building whose damage does not exceed 75% of its market value is not completed within a one-year period, the nonconforming use of such building shall be deemed to have been discontinued.
(2) 
In order to implement the provisions of Section 19-5.1(1)(d) above, it shall be necessary for a property owner or tenant with a legal nonconforming use to secure a certificate of legal nonconformity in accordance with Section 19-7.6 of this chapter and to surrender such certificate to the Building Inspector at the time that a nonconforming use is discontinued.
(3) 
Upon a finding by the Planning Board that a proposed remodeling of a nonconforming building, including the improvement of its exterior appearance and of its grounds, would result in enhancing the compatibility of such building with its surroundings, said Board may authorize the issuance of the necessary permits. For purposes of this section, the term "remodeling" may include enlargement of the building to an extent not exceeding 25% of its area on the effective date of this chapter, provided that the Board shall find that such expansion will not diminish the compatibility of said building with the existing or potential use of immediately adjacent properties.
In order to avoid the necessity to go to the Board of Appeals where there is a conforming use in a noncomplying building, nothing in this article shall be deemed to prevent the reconstruction or enlargement of a noncomplying building containing a conforming use, provided that such action does not create any new noncompliance or increase the degree of noncompliance with regard to the regulations pertaining to such buildings.
Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety.
[Ord. No. O-10-14, § 1]
No site plan approval shall be issued for any use or new construction where there is on the subject property an existing violation of any chapter of the City of Poughkeepsie Code or the New York State Building Code. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Zoning Administrator and/or Building Inspector, the Planning Board shall not review, hold public meetings or public hearings, or take action regarding an application for site plan approval until notified by the Zoning Administrator and/or Building Inspector that such violation has been cured or ceased by the applicant. However, the Planning Board may, upon written recommendation of the Zoning Administrator and/or Building Inspector, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use the property into compliance with the City Code.