A.
No land, water or building or other structure shall
be used and no building or other structure shall be constructed or
reconstructed unless it shall conform to this chapter. No lot or land
shall be subdivided, sold, encumbered or conveyed so as to:
(1)
Make said lot or land nonconforming or more nonconforming
to this chapter.
(2)
Make any use, building or other structure nonconforming
or more nonconforming.
(3)
Reduce any setback, open space or off-street parking
or loading spaces to less than is required by this chapter.
(4)
Make any nonconformity more nonconforming.
B.
Minimum requirements. In interpreting and applying
this chapter, the requirements contained herein are declared to be
the minimum requirements necessary for the protection and promotion
of the public health, safety, morals, comfort, convenience and general
welfare.
C.
Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted and multiple-dwelling site plans approved under Article IV.
No building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered until an application for a building permit and certificate of occupancy has been submitted to and approved by the Building Inspector and a building permit has been issued by him. No land or building or other structure shall be used or occupied or changed in use until an application for a building permit and certificate of occupancy has been submitted to and approved by the Building Inspector and until a certificate of occupancy has been issued by him certifying conformity with this chapter. All applications shall be submitted and approved in accordance with this chapter, and all building permits and certificates of occupancy shall be issued in accordance with the provisions of Article XIII and all other applicable provisions.
A.
Continuance of existing nonconforming uses. Any lawful
use of a structure or of land existing on the effective date of this
chapter may be continued, subject to such limitations as specified
in this chapter, even though such use does not conform to the use
provisions of this chapter. Such uses shall be deemed nonconforming
uses.
B.
Nonconforming use of land.
(1)
Where no structure is involved, the nonconforming
use of land may be continued, provided that:
(a)
Such nonconforming use shall not be enlarged
or increased, nor shall it be extended to occupy a greater area of
land than occupied by such use at the time of the adoption of this
chapter.
(b)
The lot on which such nonconforming use is located
shall not be reduced in size.
(c)
Such nonconforming use shall not be moved, in
whole or in part, to any other portion of the lot or parcel of land
occupied by such nonconforming use at the time of the adoption of
this chapter.
(2)
If the nonconforming use of land or any portion thereof
ceases for any reason whatsoever for a continuous period of more than
six months or is changed to a conforming use, then any future use
of such land shall be in conformity with all provisions of this chapter.
(3)
No nonconforming use of land shall be changed to another
nonconforming use.
C.
Nonconforming use of structures.
(1)
The nonconforming use of a building or structure may
be continued, provided that:
(a)
Such building or structure shall not be enlarged
or extended unless the use therein is changed to a conforming use.
(b)
Such nonconforming building or structure shall
not be structurally altered or reconstructed, except for such alteration,
maintenance and repair work as is required to keep said building or
structure in a safe condition.
(c)
Such nonconforming use shall be changed only
to a conforming use.
(2)
If such nonconforming use of a building or a structure
ceases for any reason for a continuous period of more than six months
or is changed to a conforming use, then any future use of such building
or structure and the land on which it is located shall be in conformity
with all provisions of this chapter for the district in which it is
located.
(3)
If any such nonconforming building or structure is
damaged or destroyed by any means to an extent greater than 50% of
its fair market value, as determined by the Town Assessor, it shall
be permitted to be reconstructed only if the future use of the building
or structure and the land on which it is located is in conformity
with this chapter. Any such nonconforming building or structure damaged
to an extent less than 50% of said fair market value may be rebuilt,
provided that:
D.
Improvement of nonconforming uses. Notwithstanding
the provisions set forth above, in order to reduce the adverse external
affects of such nonconforming uses, the owner of the land, building
or structure so used may be permitted to make limited changes to such
building, structure or use in conjunction with a site plan review
whereby, through landscaped screening and buffer areas, control of
noise, smoke, odors, lighting, architectural changes, location and
layout of parking areas and access drives or by any other appropriate
means, these purposes may be achieved.
E.
Nonconforming residences. The owner of a residence
in a commercial zone known and designated as "office park" or "economic
development" may secure a one-time allowance to expand his residence
by an amount not to exceed 20% of the existing livable space of that
residence and not to exceed the maximum allowed percentage of coverage
for any lot in that zone.
F.
Nonconforming lots. Any lot which lawfully existed
on the effective date of this chapter and fails to meet the area,
shape, frontage or other applicable requirements of this chapter shall
be considered a legal nonconforming lot. Provided that the following
requirements are met, a structure may be placed on such lots:
(1)
A structure may be constructed on a legal nonconforming
lot, provided that it complies with the current zoning regulations
relating to coverage, setbacks, parking and landscaping for such district
in which the lot is located.
(2)
The owner of the parcel shall not also be the owner
of contiguous land which, in combination with such parcel that fails
to conform, would make a parcel that conforms or more nearly conforms
to the requirements of this chapter pertaining to lots.
(3)
Two or more adjoining noncomplying subdivision lots
in the same ownership in a subdivision approved by the Planning Board
shall have three years from the date of filing with the office of
the County Clerk to obtain a building permit. Two or more adjoining
noncomplying lots in a subdivision approved by the Planning Board
and filed with the office of the County Clerk more than three years
prior to the effective date of this chapter and in the same ownership
shall not be eligible to receive a building permit. Said subdivision
or part thereof shall be resubmitted to the Planning Board for approval
in accordance with the applicable provisions of this chapter. Any
lot in a subdivision approved by the Planning Board after the effective
date of this chapter, but which is made noncomplying as to bulk by
any future amendments of this chapter, shall have three years from
the date of filing to obtain a building permit.
(4)
If two or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership are of record
at the time of passage or amendment of this chapter and the lots do
not meet the requirements established for lot width and area, the
lands involved shall be considered to be undivided parcels for the
purposes of this chapter. No such adjoining, noncomplying lots as
set forth herein shall be used or sold in a manner which diminishes
compliance with the requirements established by this chapter, nor
shall any division of any parcel be made which creates a lot with
width or area below the requirements stated in this chapter.
G.
Any alteration or reconstruction or repair of any
nonresidential or multifamily structure subject to this section shall
be further subject to site plan review by the Planning Board.
I.
Special exceptions and site plans. Any use, building
or other structure lawfully existing on the effective date of this
chapter and for which a special exception or site plan approval would
need to be secured under this chapter shall not be considered nonconforming
solely for lack of such special exception or site plan approval.
The following performance standards shall apply
to all uses of land and buildings and other structures and shall be
of continuing application:
A.
Dust, dirt, fly ash and smoke. No dust, dirt, fly
ash or smoke shall be emitted into the air from any lot so as to endanger
the public health and safety, to impair safety on or the value and
enjoyment of other property or to constitute a critical source of
air pollution.
B.
Odors. No offensive odors shall be emitted into the
air from any lot so as to impair the value and enjoyment of any other
lot.
C.
Gases and fumes. No noxious, toxic or corrosive fumes
or gases shall be emitted into the air from any lot so as to endanger
the public health and safety or to impair safety on or the value and
enjoyment of any other lot.
D.
Noise. It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
any noise which annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of others. The noise necessarily involved
with the construction or demolition of buildings and other structures
shall be prohibited except between the hours of 7:00 a.m. and 8:00
p.m. weekly and 9:00 a.m. and 5:00 p.m. on Saturdays.
[Amended 11-18-2004 by L.L. No. 16-2004]
E.
Vibration. With the exception of vibration necessarily
involved in the construction or demolition of buildings, no vibration
shall be transmitted outside the lot where it originates.
F.
Wastes. No offensive wastes shall be discharged or
dumped into any river, stream, watercourse, storm drain, pond, lake
or wetlands.
G.
Glare and heat. No offensive glare from lighting shall
be transmitted so as to endanger the public health and safety nor
shall it be transmitted into or within any residence district so as
to impair the value and enjoyment of any lot therein. No radiant heat
shall be perceptible outside the lot where it originates.
H.
Danger. No material which is dangerous due to explosion,
extreme fire hazard or radioactivity shall be used, stored, manufactured,
processed or assembled except in accordance with applicable codes
and regulations of the State of New York.
I.
Ridgeline protection. Buildings, structures, including
towers or storage tanks or other improvements, within any area defined
as ridgeline shall not, to the maximum extent practicable, be visible
above the top of the ridgeline, or above the top of vegetation located
within the ridgeline area, from surrounding private property or public
rights-of-way in adjoining lowlands or adjoining ridgelines by cause
of excessive clearing, building or structure height, or location of
any building or structure with respect to the top of the ridgeline;
nor shall excessive clearing of any ridgeline area be permitted for
the purpose of site access, site landscaping, installation of subsurface
sewage disposal systems, or any other modification to the natural
land. The term “excessive clearing,” for the purposes
of this section, shall mean the removal of more than 10 trees, eight
inches or more in diameter at breast height, per quarter acre of land
disturbed.
[Added 4-24-2003 by L.L. No. 7-2003; amended 1-22-2004 by L.L. No. 2-2004]
J.
Stone wall, stone chamber, and root cellar protection.
[Added 4-24-2003 by L.L. No. 7-2003; amended 11-18-2004 by L.L. No. 16-2004]
(1)
All existing stone walls along or within 100 feet
of a public right-of-way or adjoining public property shall be maintained
in a state of good repair and shall not be altered except in cases
where the public health, safety, and welfare is endangered. Application
to alter an existing stone wall under this section must be made to
the Town Board. In its deliberations on the application to alter a
stone wall, the Town Board may rely on its own assessment of the condition
of the wall, its location, its historic and/or aesthetic qualities,
and the stated reason for its alteration in determining if the application
should be approved. In instances where an application for subdivision
or site plan approval is before the Planning Board, the Town Board
shall have the authority to make a determination on whether the stone
wall may be altered based upon a recommendation from the Planning
Board.
(2)
All existing stone walls, stone chambers, and root
cellars within the interior portion of a private property shall, to
the maximum extent practicable, be retained as part of any subdivision
or site plan approval. Stone walls may be breached to provide vehicular
access to a portion of the property, but any new opening shall be
kept to a minimum width to allow safe vehicular access.
K.
No site modification or improvement shall result in
a net increase in stormwater flow to a neighboring property or to
a modification of any existing watercourse.
[Added 11-18-2004 by L.L. No. 16-2004]
[Amended 1-20-2000 by L.L. No. 1-2000]
No land, building or other structure shall be
used for any of the following purposes:
B.
Use of a trailer coach, motor home, motor vehicle
or tent as a dwelling; trailer camps.
C.
The placement or use of a trailer or shipping container
on any site for any purpose whatsoever, unless such trailer or shipping
container is used as a temporary office or storage facility in connection
with an ongoing construction project for which a valid building permit
has been issued. Said trailer or shipping container shall be removed
from the site not more than 30 days after the issuance of a certificate
of occupancy for such construction project. This section shall not
apply to trailers used to deliver materials or products to a particular
location within the town, provided that such trailer does not remain
on the site for more than three business days.
[Amended 11-18-2004 by L.L. No. 16-2004]
D.
Circus, Ferris wheels or similar amusement devices
and outdoor games for profit, except those sponsored by local nonprofit
organizations and then only for periods of not more than seven days.
E.
The outside storage of inoperative, unlicensed and/or
unregistered automotive vehicles and the outside storage of all automotive
parts.
F.
Junkyards, auto graveyards and secondhand parts collection areas, except as to those in existence prior to September 21, 1955, and which have a valid operating permit issued pursuant to Chapter 87 hereof, provided that such junkyards, auto graveyards and secondhand parts collection areas in existence prior to September 21, 1955, shall not be enlarged, extended, increased or otherwise modified.
G.
Fabric-covered storage structures, provided that any structure which has received a permit or certificate of occupancy prior to the enactment of this subsection may remain. Fabric-covered storage structures on commercially zoned properties in existence prior to the enactment of this subsection that were not issued a permit or certificate of occupancy shall have until January 1, 2014, to obtain a conditional use permit from the Planning Board as specified in § 138-60.1.
[Added 8-13-2009 by L.L. No. 1-2009; amended 12-15-2011 by L.L. No.
12-2011]
Parking and loading spaces shall be provided off the street for any use of land and buildings and other structures as specified in Article XI. Required off-street parking and loading spaces shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use. If any existing use is changed to a use for which additional off-street parking or loading spaces are required to comply with Article XI, the additional spaces shall be provided for the use in accordance with the standards of Article XI. All such off-street parking and loading spaces shall be submitted to the Planning Board for its review and approval.
Each of the nonconforming uses and nonconforming
features of such uses specified in this section may be continued after
the effective date of this chapter for a reasonable period of amortization
as specified below, provided that after the expiration of such period
of amortization such nonconforming uses or nonconforming features
thereof shall then be terminated as specified below:
A.
Nonconforming signs; prohibited signs. Refer to Article XII, Signs, for all information regarding the termination of nonconforming signs.
B.
Nonconforming auto junkyards and junkyards. Any nonconforming auto
junkyard or junkyard which is nonconforming because it is not permitted
in the district may be continued for three years after the effective
date of this chapter, provided that after the expiration of that period
such nonconforming use shall then be terminated. However, no such
use will be required to terminate if within said period it shall be
located within a completely enclosed building.
[Amended 2-19-2015 by L.L. No. 1-2015]
C.
Nonconforming light manufacturing uses in residential
districts. In any residential district, any nonconforming light manufacturing
use may be continued for five years after the effective date of this
chapter or 15 years after the initial establishment of such use or
any addition thereto adding 50% or more to the real value of such
use, whichever is the longer period, provided that after the expiration
of that period such nonconforming use shall then be terminated.
D.
Nonconforming parking of commercial vehicles in residential
districts. In any residential district, any nonconforming parking
of commercial vehicles may be continued for two years after the effective
date of this chapter, provided that after the expiration of that period
such nonconforming use shall then be terminated.
E.
Nonconforming parking and loading spaces. In any district,
nonconforming parking and loading spaces may be continued for seven
years after the effective date of this chapter, provided that after
the expiration of this period such nonconforming use and feature shall
terminate, and provided further that the owner of the nonconforming
premises has sufficient available open land at the site to provide
parking and loading spaces which conform to the requirements of this
chapter.
F.
Within three years after the effective date of this
chapter, the owners of all nonconforming uses situated in or adjacent
to residential districts shall be required by the Planning Board to
protect the residential character of the surrounding residential lands.
G.
Modification by the Board of Appeals. If, on application
made at least six months before the expiration of the period prescribed
above for termination of a nonconforming use or nonconforming feature
thereof, the Zoning Board of Appeals shall find that the period prescribed
is unreasonable or inadequate for the amortization of the special
value of the property resulting from such nonconforming use or nonconforming
feature thereof, then the Zoning Board of Appeals may grant such an
extension of the period prescribed as it shall deem to be reasonable
and adequate for such amortization, provided that no such period of
extension shall exceed 100% of the period prescribed and such extension
can be granted only once for any use.
[Added 4-24-2003 by L.L. No. 7-2003]
A.
Manufactured slopes.
(1)
No manufactured slope shall exceed 30 feet in
height or have a slope angle steeper than two horizontal to one vertical
or 50%.
(2)
Manufactured slopes shall be rounded and shaped
to simulate the natural contours of adjacent slopes.
(3)
Manufactured slopes shall have a mix of deciduous
and evergreen trees at least six feet in height at time of planting
located at the base of the slope. Such landscaping shall be maintained
on a regular basis, and any plants not in a healthy state shall be
replaced within one year at the beginning or end of the growing season,
as appropriate to the species.
B.
Retaining walls. Retaining walls shall be no higher
than 10 feet in height. However, a series of retaining walls of 10
feet in height may be constructed to a maximum height of 30 feet.
The horizontal distance between each retaining wall (measured from
center line to center line) in a series shall be no less than 10 feet
and shall be planted with a dense ground cover, noninvasive vine,
shrub, or ornamental tree. Such landscaping shall be maintained on
a regular basis, and any plants not in a healthy state shall be replaced
within one year at the beginning or end of the growing season, as
appropriate to the species.
