A use, building or structure lawfully in existence at the effective
date of this chapter which shall be made nonconforming at the passage
of this chapter or any applicable amendment thereto may be continued
except as otherwise provided in this article. The Zoning Board of
Appeals and/or Building Department cannot waive the requirements of
Appendix 75-A, Wastewater Treatment Standards, as promulgated by the
NYSDOH, or the New York State Uniform Fire Prevention and Building
Code that are governed by preemptive state law.
The discontinuance of a nonconforming use for a period of two years and/or the change of use to a more-restricted or -conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived. Intent to resume a nonconforming use shall not confer the right to do so. This section does not apply to residential lots falling within the provisions under §
199-54.
Where two or more contiguous lots, or combination of contiguous lots, are under single ownership at or after the adoption of this chapter, and if all or part of the lots do not meet the required bulk provisions for lots within the zone in which the lots are located, they shall be considered to be an undivided parcel for the purposes of this chapter. Such contiguous lots or groups of nonconforming lots may be resubdivided into new lots where each new lot conforms to the standards of the district in which they are located or may be added to adjoining properties to increase size of said owner's or owners' property or properties; they may not, however, be built upon as separate and individual nonconforming lots. Where the combination of contiguous lots or transfer of a portion of a nonconforming lot to an adjoining property results in a lot whose area or width is still less than the specified minimum lot requirement of this chapter for the district in which it is located, the provisions of §
199-54 shall apply.
Notwithstanding the limitations imposed by any other provision
of this chapter, any lot held in single and separate ownership prior
to the adoption of this chapter or any lot which was part of a subdivision
or part of a section of a subdivision that received final approval
of the Planning Board of the Town of Mamakating and was filed in the
office of the Clerk of Sullivan County prior to the adoption of this
chapter that is located in a zoning district that allows residential
uses and whose area or width is less than the specified minimum lot
requirement for the district in which it is located may be used by
right provided that:
A. Such lot does not adjoin any other lot or lots held by the same owner
whose aggregate area is equal to or greater than the minimum lot area
required for that district.
B. Such lot has an area of at least 8,000 square feet, complies with §
199-54G and has a minimum lot width of at least 50 feet if it is to be used for residential purposes.
C. The following minimum yard dimensions shall be maintained for residences:
For Lots With Width
(feet)
|
Minimum Side Yard
(feet)
|
Total Both Side Yards
(feet)
|
Required Front Yard
|
Required Rear Yard
|
---|
100 or greater
|
20
|
50
|
30% of average lot depth, but no greater than required in zone
|
20% of average lot depth, but no greater than required in zone
|
80 to 99
|
12
|
30
|
|
|
50 to 79
|
10
|
25
|
|
|
D. The maximum development coverage permitted on a nonconforming lot
shall be 35%.
E. All other bulk requirements for that district are complied with,
including building height and number of stories.
F. In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
G. In addition to the requirements contained in §
199-54A through
F above, the applicant must demonstrate that the lot is suitable for residential construction, including water availability and quality (in accordance with NYSDOH Administration Rules and Regulations, 10 NYCRR Part 5, Appendix 5-B, Standards for Water Wells) and suitable sewage disposal (in compliance with Appendix 75-A, Wastewater Treatment Standards, as promulgated by the NYSDEC) and appropriate drainage as certified by a licensed professional engineer in the State of New York. The Building Department shall not issue a building permit unless this condition is satisfied.
H. Existing dwellings on any lot whose area or width is less than the specified minimum lot requirement may be extended, provided the requirements of §
199-54A through
G above are maintained.
The conversion of a seasonal dwelling on conforming lot to year-round
use shall be considered a change of use, and no seasonal dwelling
shall be occupied on a year-round basis unless the following standards
are met:
A. The applicant obtains a building permit to make improvements to the
seasonal dwelling unit to ensure that it meets the pertinent standards
of the Existing Building Code for New York State and the Uniform Fire
Prevention Code.
B. The applicant must demonstrate that the lot is suitable to accommodate
a year-round residence, including water availability and quality (in
accordance with NYSDOH Administration Rules and Regulations, 10 NYCRR
Part 5, Appendix 5-B, Standards for Water Wells) and suitable sewage
disposal (in compliance with Appendix 75-A, Wastewater Treatment Standards,
as promulgated by the NYSDOH, including all recommended or required
separation distances), water availability and quality in addition
to appropriate drainage as not to impact any adjoining parcels as
certified by a licensed professional engineer in the State of New
York.
C. Subject to §
199-54.2B, the Building Inspector of the Town of Mamakating is authorized to issue a certificate of occupancy in regard to any conversion of a seasonal dwelling upon receiving from a licensed professional engineer or architect as-built plans and a sworn certification which, to the satisfaction of the Building Inspector, certifies that the building complies with the requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Existing Building Code for New York State for the issuance of a certificate of occupancy which existed at the time erected, notwithstanding that the premises may not have otherwise requisite building permits. Such certificate of occupancy shall recite that the certificate is issued upon the certification of the licensed professional engineer or architect and that the building complies with all requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Existing Building Code for New York State for the issuance of a certificate of occupancy at the time enacted and that the Town issues the certificate of occupancy solely on the basis of that certification and not on the basis of any independent inspection or investigation.
When a seasonal dwelling is located on a nonconforming lot, the conversion of the seasonal dwelling to a year-round use shall adhere to §
199-54 of this chapter and the following additional standard:
A. The applicant obtains a building permit to make necessary improvements
to the seasonal dwelling unit to ensure that it meets the pertinent
standards of the New York State Uniform Fire Prevention and Building
Code.