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)Â
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)Â
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)Â
Shall not be moved to another location where such use would
be nonconforming.
(c)Â
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)Â
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)Â
Shall not be reestablished if such use has been changed to or
replaced by a conforming use.
(f)Â
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)Â
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)Â
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.
