Town of Kingston, NY Article VIII Nonconforming Uses and Structures

§ 425-59 Applicability.

The following provisions shall apply to all buildings, structures and uses lawfully existing on the effective date of this article, to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this article and the Zoning Map and to all complying buildings housing nonconforming uses.

§ 425-60 Continuance and restoration.

A. The lawful use of any buildings, structure, or land existing at the time of first date of enactment of this chapter may be continued although such use does not conform with the provisions of this chapter.

B. Unsafe structures. Any structure or portion of that structure declared unsafe by a proper authority may be restored to a safe condition.

C. Restoration. Any building damaged by fire or other causes may be repaired or rebuilt for the same, but not a different, nonconforming use. Buildings which are not conforming as to setback and which are destroyed may be rebuilt to the same setback as existed prior to destruction.

D. Alterations. A nonconforming building used for a nonconforming use shall not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost the replacement value of the building unless said building is changed to a conforming use.

E. Extension. Any nonconforming use, building or structure may be enlarged up to, but not more than, 50% of its floor or lot area as it existed at the time of passage of this chapter. Such enlargement must conform to all other regulations of the district in which it is located and may be used only for each nonconforming use. Such enlargement is subject to the site plan review provisions of Article IV.

F. Displacement. No nonconforming use which has shall have ceased for a period exceeding two years shall be resumed.

G. Changes. A nonconforming use may be changed to another nonconforming use of a more-restrictive classification, and when so changed to a more-restrictive use, it shall not again be changed to a less-restrictive use.

§ 425-61 Construction previously commenced.

Nothing herein contained shall require any change in plans, construction or designated use of a building for which lawful construction has commenced prior to the effective date of this chapter.