The following provisions shall apply to all nonconforming buildings and structures, and nonconforming lots, as defined in § 180-3, wherever located.
A.
Nonconforming buildings or structures:
(1)
Shall not be extended or enlarged. For the purposes of this subsection,
"extended or enlarged" shall include:
(a)
An increase in the amount of a nonconforming building's or structure's
gross floor area which is located within a required setback area;
(b)
An increase in any portion of a building or structure located
above the maximum height permitted; or
(c)
An increase in any portion of a building or structure beyond
its existing footprint within the required setback.
(2)
Shall not be moved to another location where such building or structure
would also be nonconforming.
(3)
May be restored but the footprint and height of the building shall
not be enlarged after damage by fire, accident or other acts of God
and the nonconforming use reinstated, provided that the building permit
is issued within two years after such damage.
(4)
Nothing shall prevent normal maintenance and repair of any building
or structure or the carrying out, upon that issuance of a building
permit, of major alterations or demolition necessary in the interest
of public safety.
(5)
A nonconforming building or structure shall be considered abandoned
and lose its nonconforming status under the following circumstances:
(a)
The discontinuance of occupancy is made apparent by actions
or inactions of the owner such as the posting of signs, removal of
equipment and furnishings, boarding up of windows, expiration or revocation
of a certificate of occupancy, failure to pay taxes or assessments,
or other measures which demonstrate the enterprise is going out of
business or the use is otherwise ending; and
(b)
The building or structure has not been occupied or used for
12 consecutive months or more; or
(c)
The nonconforming structure or building has been made conforming
or has been replaced by a conforming structure or building.
B.
Nonconforming lots.
(1)
A building or structure may be erected on a nonconforming lot of
record, provided that:
(a)
The proposed use of such building or structure is in accordance
with all other applicable provisions of this chapter, the Town Code
and other laws, rules and regulations;
(b)
Proof that the lot existed in single and separate ownership
since before the date on which it became nonconforming is submitted
to the Building Inspector;
(c)
The owner does not own adjoining property. The Building Inspector
may require an abstract of title to said lot, which shall be certified
by an attorney or title company regularly doing such work in Sullivan
County and shall contain a certification that, since the effective
date of this chapter or the amendment thereto which renders the lot
nonconforming, no contiguous property is or was ever owned by an owner
of the subject lot;
(d)
No bulk and yard requirements are reduced to less than 50% of
the requirement for the district in which it is located; and
(e)
If required, a sewage disposal system meeting New York State
standards can be placed on the lot should public facilities be unavailable.
(2)
For any lawfully existing nonconforming lot, and solely for the purpose of siting one principal building and any lawful accessory structures thereon, the allowable reduction to the bulk and yard requirements set forth § 180-12B(1)(d) above shall apply automatically but is subject to any greater setbacks which may be required for swimming pools, swimming pool decks, slabs, patios or equipment and tennis courts.
(3)
If at any time a vacant nonconforming lot shall be held in the same
ownership as one or more adjoining parcels, such lot shall lose its
status as a nonconforming lot, except to the extent that the lot created
by the merger of the adjoining parcels remains nonconforming with
respect to one or more dimensional regulations of the district in
which it is situated.
The following provisions shall apply to and govern all nonconforming uses, as defined in § 180-3, wherever located.
A.
Unless abandoned, every nonconforming use may be continued in the
building or structure or upon the lot or land which it occupies after
the effective date of this chapter or after the effective date of
the amendment which rendered the use nonconforming.
B.
Building or structures, or part thereof, which is used by a nonconforming use shall adhere to the restrictions set forth in § 180-12A.
C.
No nonconforming use shall be changed, unless such change is to a
conforming use. No nonconforming use shall be expanded or enlarged.
For the purposes of this subsection, "expanded or enlarged" shall
include an increase in the intensiveness of the nonconforming use
that results in additional noise, odor, traffic, or other quality
of life considerations.
D.
A nonconforming use shall be considered abandoned under the following
circumstances:
(1)
The discontinuance of the nonconforming use for 12 or more consecutive
months as made apparent by actions or inactions of the owner such
as the posting of signs, removal of equipment and furnishings used
in furtherance of the nonconforming use, boarding up of windows, expiration
or revocation of a certificate of occupancy, failure to pay taxes
or assessments, or other measures which demonstrate the nonconforming
use is otherwise ending; or
(2)
The nonconforming use has been replaced by a conforming use or changed
to another use under permit from the Town.
