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Section 1206.05    Nonconforming Uses/Structures/Lots

  1. Applicability
    The provisions of this section shall apply to uses, structures, and lots that were legally existing as
    of the effective date of this Code, December 31, 1999, but that become non-conforming as the
    result of the application of this Code to them or from reclassification of the property under any
    subsequent amendments to this Code.

  2. Purpose
    It is the general policy of the City of Hudson to allow nonconforming uses, structures, or lots
    to continue to exist and to be put to productive use. However, it is also the general policy of the
    City to bring as many aspects of such nonconformities into conformance with this Code as is
    reasonably practicable, all subject to the limitations of this section. The limitations of this section
    are intended to recognize the interests of property owners in continuing to use their property but
    to reasonably control expansions, reestablishment of discontinued uses, and the re-establishment
    of nonconforming buildings and structures that have been substantially destroyed.

  3. Authority to Continue
    Nonconformities shall be allowed to continue in accordance with the requirements of this section.

  4. Repairs and Maintenance
    Repairs and normal maintenance required to keep nonconforming uses and structures in a safe
    condition shall be permitted, provided that no alterations shall be made except those allowed by
    this section or required by law or ordinance.

  5. Nonconforming Uses
    Nonconforming uses shall be subject to the following standards:
    1. Enlargement
      A nonconforming use may be enlarged, increased, or extended beyond the area it occupied
      as of the effective date of this Code, December 31, 1999, provided that the Board of Zoning
      and Building Appeals, pursuant to the procedure set forth in Section 1203.06 of this Code,
      finds all of the following:
      1. The enlargement will not interfere with the operation of conforming uses in the District
        or with circulation on adjacent public streets; and
      2. The enlargement will cause no greater adverse impacts on surrounding properties than
        did the original nonconforming use; and
      3. Increases and enlargements do not exceed twenty-five (25) percent of the area that the
        nonconforming use occupied as of the effective date of this Code, or except as (D) below.
      4. Increases and enlargements do not exceed one hundred fifty (150) percent of the area
        within the existing exterior walls of the building that the nonconforming use occupied and
        said use and building existed as of the effective date of this Code.

    2. Relocation
      No nonconforming use shall be moved in whole or in part from its original location as of the effective
      date of this Code to any other part of such parcel, building, structure, or to another lot except in
      compliance with this Code.

    3. Discontinuance and Abandonment:
      1. If a non-conforming use is voluntarily discontinued for a period of twenty-four (24)
        consecutive months or more, any use of the property thereafter shall be in conformance
        with regulations and provisions set by this Code for the district in which such property
        is located.
      2. Discontinuance of a nonconforming use may be indicated by non-use and the removal
        of either stock-in-trade or substantially all equipment, fittings, or furniture needed to
        operate the use.

    4. Damage or Destruction
           A.  Except as otherwise expressly permitted in subpart (B) below, if any structure that is 
                 devoted in whole or in part to a nonconforming use is damaged or destroyed, by any 
                 means, to the extent of more than fifty (50) percent of its fair market value prior to the 
                 destruction, such use shall not be restored except in conformance with this Code. The 
                 determination of such reduced value shall be made by the Board of Zoning and
                 Building Appeals, which may, if necessary, consult with a city-appointed appraiser.

           B   A structure devoted solely to a nonconforming single family dwelling or two-family
                residential use that is damaged or destroyed by fire, earthquake or other act of God, 
                may be reconstructed so as not to exceed 110% of the gross floor area of the previous 
                structure as used before such event of damage or destruction.  All reconstruction of
                the structure must be completed within two years following the event of damage or 
                destruction, shall not increase the degree of nonconformance or noncompliance existing 
                prior to such  damage or destruction, and shall otherwise be in conformance with this code.
    5. Change in Use/Substitution:
      1. The Board of Zoning and Building Appeals may permit a nonconforming use to be
        changed to a second non-conforming use provided that the new use shall be of the
        same general character or of a character less intensive than the original nonconforming
        use and provided the new use will result in equal or less impact on the
        surrounding community and district.
      2. A nonconforming use that changes to a conforming use or to a second nonconforming
        use as set forth in paragraph (A) above may not thereafter revert to the original
        nonconforming use.

    6. Accessory Uses
      No use that is accessory to a principal nonconforming use shall continue after such principal
      nonconforming use ceases or terminates.

    7. Nonconforming as to Parking
      1. Nonconformity as to off-street parking or loading shall not render a use subject to the
        conditions of this section.
      2. A use that is nonconforming as to off-street parking or loading shall not be changed
        to another use requiring more off-street parking or loading unless the additional required
        parking or loading is provided.
      3. The Board of Zoning and Building Appeals may permit a nonconforming use to provide
        off-street parking or loading on a lot other than the lot on which the use is located.

  6. Nonconforming Structures
    A nonconforming structure as more fully defined in Section 1213 includes a structure lawful prior to
    the Land Development Code, but which fails to meet setback, height, or other site development
    requirements of this Code. Nonconforming structures other than those which nonconformity is
    created by size of use limitations listed by Uses by Right and Conditional Uses of each Zoning
    District of Section 1205 shall be subject to the following standards:
    1. Enlargement
      1. A nonconforming structure may be expanded without approval from the BZBA provided
        the proposed expansion does not exceed 50% of the existing footprint and:
        1. The expansion does not increase the degree of non-conformity; or,
        2. The extension of a structure which is nonconforming due to side yard
          setback shall be allowed so long as the extension is not closer to the
          side property line and the extension does not exceed 25% of the existing
          structure length, including porches and architectural features but excluding
          decks. Existing footprint and structure length shall mean the dimensions as
          they existed December 31, 1999.
      2. A nonconforming structure may otherwise be enlarged, increased, or extended beyond
        the area it occupied as of the effective date of this Code, December 31, 1999, provided
        the Board of Zoning and Building Appeals, pursuant to the procedure set forth in
        Section 1203.06 of this Code, finds all of the following:
        1. The enlargement will not interfere with the operation of conforming uses in the
          District or with circulation on adjacent public streets; and
        2. The enlarged structure will cause no greater adverse impacts on surrounding
          properties than did the original conforming structure.
      3. The nonconforming structure is not a structure that is the subject of listed "Uses By-Right"
        or "Conditional Uses" in Chapter 1205 that have a gross floor area limitation or that have
        a gross floor area limitation on Main Street in District 5.

    2. Damage or Destruction:
      1. If any nonconforming structure is damaged or destroyed, by any means, to the extent
        of more than fifty (50) percent of its fair market value prior to the damage or destruction,
        such structure shall not be restored except in conformance with this Code. The determination
        of such reduced value shall be made by the Board of Zoning and
        Building Appeal, which may, if necessary, consult with a cityappointed appraiser.
      2. If a nonconforming structure is damaged or destroyed, by any means, to the extent of fifty
        (50) percent or less of its fair market value prior to the damage or destruction, no repairs or
        restoration shall be made unless commenced within six (6) months and completed within
        twenty-four (24) months of the date of the calamity. The determination of such reduced
        value shall be made by the Board of Zoning and Building Appeal, which may, if necessary,
        consult with a city-appointed appraiser.

    3. Relocation
      Nonconforming structures shall not be moved for any reason or for any distance except to be
      brought into compliance with this Code.

  7. Non-Conforming Lots of Record
    1. Development Permitted.
      Regardless of the area or width of a lot of record that legally existed as of the effective date
      of this Ordinance, December 31, 1999, and subject to paragraph (2) below, such lot may be
      developed for any use permitted in the district in which the lot is located, provided, however,
      that where required setback, open space, density, or other requirements make development
      impractical, the Board of Zoning and Building Appeals may permit development to occur after
      granting specific variances.

    2. Consolidation Required.
      If two or more lots or parcels are contiguous, in single and common ownership, and are of
      record as of the effective date of this Code, December 31, 1999, or amendments thereto, and
      if all or part of the lots or parcels with no principal structures thereon do not meet the minimum
      lot area requirements set forth in the applicable district regulations of this Code, then the lands
      involved shall be considered to be a single, undivided parcel for the purposes of this Code.  No
      portion of such parcel shall be used or sold in a manner that renders compliance with the lot area
      requirements set forth in this Code less feasible, nor shall any division of any parcel be made that
      creates a lot with a width or area less than the requirements set forth in this Code.