Village of Rhinebeck, NY Article XIII Nonconforming Uses, Buildings and Structures

§ 120-54 Nonconforming uses.

A. Registration and continuation. Any nonconforming use which existed lawfully at the time of enactment of this chapter may be continued, provided that it is registered with the Zoning Enforcement Officer by the owner or agent within 12 months of the date of adoption of this chapter and subject to the following provisions. Failure to register such use, after being informed by the Village in writing, will cause the use to be viewed as having been discontinued.

B. Expansion or intensification. A nonconforming use shall not be enlarged or extended beyond the area occupied by such use at the time of the adoption of this chapter.

The volume or intensity of a nonconforming use may not be increased.

C. Relocation. A nonconforming use may not be moved in whole or in part to any other portion of the lot occupied by such nonconforming use.

D. Modification. A nonconforming use shall not be changed to any other nonconforming use; nor shall a nonconforming use be changed to any other use within the same use group as shown on the Allowable Use Groups Chart, § 120-6, 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.

E. Destruction. If any building or structure in which a nonconforming use is conducted is hereafter removed, or destroyed by fire, wind, explosion, structural failure or other natural cause, to the extent of 50% or more of its true market value at the time of such damage, as adjusted from assessed value based upon State Board of Equalization rates, it shall not be repaired or rebuilt, unless the appropriate variance is granted by the Board of Appeals.

F. Discontinuance. If the Zoning Enforcement Officer determines that a nonconforming use is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use on that lot shall conform to the regulations of the district in which it is located.

§ 120-55 Nonconforming buildings, structures and lots.

A. Where a lawful structure, building or lot exists at the effective date of adoption or amendment of this chapter that could not be built under such adoption or amendment by restriction on the lot area, lot coverage area, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

B. Nothing in this chapter shall prevent the strengthening or alteration to a safe condition of all or part of a building or structure that is nonconforming, provided that the repair or alteration will not increase the height, size or volume of the building or structure or otherwise increase the nonconformity.

C. Additions, alterations, maintenance and repairs.

(1) A nonconforming building, structure or lot shall not be added to or enlarged or altered in any manner in a way that increases its nonconformity.

(2) Should such structure or building be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(3) A nonconforming building or structure is hereby required to be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.

D. Discontinuance. A building or structure or a portion thereof shall be deemed discontinued if, as determined by the Zoning Enforcement Officer, the building or structure is vacant for 12 consecutive months or if, in a lesser period of time, there is a manifestation of a clear intent on the part of the owner to abandon the nonconforming building or structure. If deemed discontinued, such building or structure shall not be reestablished, and any subsequent use shall not commence until the building or structure is brought into conformity with the provisions of the district in which the lot is located.

E. Restoration. A nonconforming building or structure destroyed or damaged by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its fair market value at the time of such damage, as adjusted from assessed value, based upon State Board of Equalization rates, shall not be repaired or rebuilt, unless the appropriate variances are granted by the Board of Appeals.

F. Validity of building and zoning permits.

(1) A building permit for a structure that would be nonconforming under this chapter will be valid only if the permit has been lawfully granted and under which construction has been started and diligently pursued before the adoption of this chapter.

(2) No structure designed for or intended to be used for a nonconforming use under this chapter shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway and is being diligently pursued so that such building or structure will be completed within 12 months from the time of the adoption or amendment of this chapter unless the following provision is observed.

(3) Not more than 30 days after the enactment of this chapter, a permit shall be obtained from the Zoning, Enforcement Officer for each building or structure under construction as of the date of adoption. Irrespective of whether such construction conforms to the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Zoning Enforcement Officer, no alterations or additions are permitted unless they are in conformity with the provisions of this chapter.