City of Hudson, NY Article VI Nonconforming Buildings and Uses

§ 325-29 Restrictions upon nonconforming buildings and uses.

The following provisions shall apply to all buildings and/or uses existing lawfully on the effective date of this chapter, which buildings and/or uses do not conform to the requirements set forth in this chapter:

A. Any type of nonconforming use of buildings or open land may be continued indefinitely, but:

(1) Shall not be enlarged, extended 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.

(2) Shall not be changed to another nonconforming use.

(3) Shall not be reestablished if such use has for any reason been discontinued for a period of over one year, or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

B. Except as provided in § 325-29E, below, no building which houses such a nonconforming use shall be:

(1) Structurally altered or enlarged; or

(2) Moved to another location where such use would be nonconforming.

C. If a building which houses a nonconforming use is destroyed accidentally due to fire, explosion or other cause to an extent not exceeding 50% of its true value, as determined by the City Tax Assessor, such building may be restored within one year in substantially the same size, form and location, and the same nonconforming use may be reinstated without being extended. If destroyed to a greater extent, such building may be restored but only to house a conforming use.

D. Any building (other than a sign), the use of which is in conformity with the regulations set forth in this chapter, but which building does not conform to one or more of the requirements hereof other than the use requirements, may be altered, enlarged or rebuilt, provided that such building shall not be altered, enlarged or rebuilt so as to increase the degree of nonconformity thereof.

E. Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit the Building Inspector shall state the precise reason(s) why such alterations were deemed necessary.