[Amended 1-16-2019 by L.L. No. 1-2019]
A.
Except as otherwise provided in this article, a nonconforming lot
may continue to exist provided that it shall not be reduced in size
nor shall it otherwise have its boundaries altered.
B.
Except as otherwise provided in this article, the lawful use of land
or buildings existing at the date of the adoption of this chapter
may be continued, although such use or building does not conform to
the regulations specified by this chapter, provided that:
(1)
The lot, on which such nonconforming use or building is situate,
is not reduced in size.
(2)
No nonconforming building may be enlarged, extended or increased
except as follows:
(a)
The height of the nonconforming building may be increased provided
such increase is within the height limits required by this chapter,
as determined by the Code Enforcement Officer;
(b)
Horizontal expansion of the nonconforming building shall be
permitted provided such horizontal expansion does not increase the
degree of nonconformance and further provided such horizontal expansion
conforms with all other regulations of this chapter, as determined
by the Code Enforcement Officer.
(3)
No nonconforming use may be expanded.
A.
Failure to exercise any nonconforming use for a period
of one year or more shall terminate such nonconforming use of the
structure or premises, and thereafter such structure or premises shall
be used only in conformity with the provisions of this chapter. Upon
application, the Zoning Board of Appeals, for good cause shown, may
extend the termination date of any nonconforming use to such date
as will not exceed two years in total from the date of failure to
exercise a nonconforming use commenced. Such extension shall be granted
by the Zoning Board of Appeals only in such cases where the purposes
of this chapter will not be offended.
B.
A nonconforming use shall be considered abandoned
when there occurs a cessation of any use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance.
[Amended 6-14-1995 by L.L. No. 4-1995]
A.
Any building or structure which exists on a nonconforming
lot may be restored, reconstructed or replaced. It may be expanded,
provided that said structure does not exceed twenty-percent coverage
of the square footage of the lot and meets all the setbacks and height
requirements set forth in this chapter.
B.
Any nonconforming building or structure may be restored, reconstructed
or replaced as follows:
[Amended 1-16-2019 by L.L. No. 1-2019]
(1)
The height of the restored, reconstructed or replaced building or
structure may be increased provided such increase is within the height
limits required by this chapter;
(2)
Horizontal expansion of the restored, reconstructed or replaced building
or structure shall be permitted provided such horizontal expansion
does not increase the degree of nonconformance and further provided
such horizontal expansion conforms with all other regulations of this
chapter.
(3)
The restored, reconstructed or replaced building or structure shall
otherwise be sited as before on the same outline or footprint of the
original, nonconforming building or structure.
C.
The applicant shall submit an application for a building permit in full compliance with Article XIV, § 160-65, and, in addition, shall submit specifications and a dimensioned plan to scale indicating the shape, size, height and location of the building or structure as it exists or existed before demolition or damage.
D.
Before any changes are made to such building or structure,
the Code Enforcement Officer must inspect the building footprint and
an exact location of the building or structure shall be established.
[Amended 1-8-2003 by L.L. No. 1-2003]
E.
The applicant shall provide as much documentation as possible, including a survey map showing the location of the present and proposed structure as described in § 160-65C(1).
F.
Such restoration must be completed within two years
of the issuance of the building permit or the use of such building
or structure as a legal nonconforming building or structure shall
thereafter be terminated.
No nonconforming use shall, if once changed
into a conforming use, be changed back to a nonconforming use.
When the boundaries of a use district shall
be changed so as to transfer an area from one use district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Nothing herein contained shall require any change
in plans, construction or designated use of a building, structure
or sign for which a building permit or certificate has heretofore
been issued, and the construction of which shall have been diligently
prosecuted within three months of the date of such permit or certificate,
the the ground story framework of which, including the second tier
of beams, shall have been completed within six months of the date
of the permit or certificate, and which the entire building shall
be completed according to such plans as filed within two years from
the date of the adoption of this chapter.
[Amended 1-8-2003 by L.L. No. 1-2003]
At any time after the effective date of this
chapter, upon written request of the user of any building or premises
or at the insistence of the Code Enforcement Officer, an examination
by the Code Enforcement Officer of any existing use shall be made.
A report of the findings made upon such examination shall thereafter
be filed with the Zoning Board of Appeals, together with the proposed
certificate of existing use, which shall clearly describe the premises
and structure, if any, referred to and shall specify the nature and
extent of such existing use. Such certificate shall be prepared in
triplicate, one copy of which shall be filed with the Town Clerk,
one copy of which shall be furnished to the Zoning Board of Appeals
and one copy of which shall be furnished to the owner or tenant. The
Zoning Board of Appeals shall have 30 days from the date it receives
such proposed certificate in which to affirm or deny such proposed
certificate. If the Zoning Board of Appeals approves the proposed
certificate, the Code Enforcement Officer shall deliver by mail, or
otherwise, a copy of the certificate to the owner or user. The Zoning
Board of Appeals shall have the power to examine into the facts upon
its own motion and amend such proposed certificate in accordance with
its findings. If the Zoning Board of Appeals takes no action within
30 days from the date of its receipt of the proposed certificate,
and the Code Enforcement Officer shall deliver by mail, or otherwise,
the certificate to the owner or user.
[Added 1-16-2019 by L.L.
No. 1-2019]
A.
A certificate of nonconformity issued by the Zoning Officer shall
be required as part of any request to the Town to alter any preexisting
nonconforming building or structure by way of additional or expanded
physical modifications or any way that increases or decreases the
degree of nonconformance.
B.
A certificate of nonconformity may be requested by the property owner(s)
upon completion of an application, as provided by the Zoning Officer,
and upon payment of the application fee, to be established by resolution
of the Town Board.
C.
A certificate of nonconformity shall:
[Added 1-16-2019 by L.L.
No. 1-2019]
A.
The alteration of any preexisting nonconformity, by way of additional,
expanded or more intensive use(s), physical modifications, property
boundary modifications, or any way that increases or decreases the
degree of nonconformance, or the reduction in size of any lot on which
a nonconforming use or building is situate, even if such alteration
or reduction in size is expressly prohibited in this article, may
be permitted if the Zoning Board of Appeals approves a variance for
such alteration. The property owner(s) must complete an application,
as provided by the Zoning Officer, and pay the application fee, to
be established by resolution of the Town Board, to request such a
variance.
B.
The Zoning Board of Appeals shall, in the granting of a variance pursuant to this section, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed alteration. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. The provisions of § 160-74, pertaining to time limits, shall automatically be a condition of every variance granted pursuant to this section. If the applicant refuses to accept such requirements and conditions, the area variance shall be denied.
