[1]
Editor's Note: Former § 133-21, Building permits
for nonconforming lots, was repealed 3-22-2019 by L.L. No. 5-2019.
[Amended 6-8-2012 by L.L.
No. 3-2012; 7-27-2018 by L.L. No. 6-2018]
When a lot is voluntarily merged with another lot with a nonconforming
use, the nonconforming use may not be shifted or expanded to the merged
lot and no other section or provision of the Town Code shall be considered
suspended, repealed or waived by this resolution, and full compliance
with all other provisions of the Town Code will continue to be required.
Buildings and uses and the use of any land or
building legally existing prior to October 19, 1959, or prior to any
applicable revision or amendment to this chapter thereafter, may be
continued although such use does not conform to the provisions of
this chapter, and any such building may be reconstructed or structurally
altered, subject to the following regulations:
A.
Alteration and expansion. A legal nonconforming building
or structure may be altered or expanded without a special permit from
the Zoning Board of Appeals so long as such action does not create
any new nonconformity or increase the degree or extent of nonconformity
with regard to the bulk or use regulations of the zoning district
in which it is located. If, however, such alteration involves a majority
of the building, the entire building or structure must meet the requirements
of the New York State Uniform Building and Fire Prevention Code.
[Amended 5-25-2007 by L.L. No. 5-2007]
B.
Restoration. A legal nonconforming building or structure
damaged to the extent of less than a majority of the building may
be rebuilt, provided that the application for same is filed within
two years of the damage so long as such action does not create any
new nonconformity or increase the degree or extent of nonconformity
with regard to the bulk or use regulations of the zoning district
in which it is located. If any such damage involves more than a majority
of the building, any restoration shall require approval of the Zoning
Board of Appeals. The Zoning Board of Appeals, when considering such
application, may impose reasonable conditions, among which shall be
that the entire building or structure must meet the requirements of
the New York State Uniform Building and Fire Prevention Code.
[Amended 5-25-2007 by L.L. No. 5-2007]
C.
Use extension. Nonconforming use extension shall be
governed by these rules:
[Amended 3-5-2004 by L.L. No. 5-2004; 6-8-2012 by L.L. No.
3-2012]
(1)
A
conforming (legal) use may be extended to any portion of an existing
nonconforming building on the same lot.
(2)
A legal nonconforming use may not be extended beyond or within the original physical area, meaning the actual building and/or outdoor area used as of October 19, 1959, or the adoption date of the Code revision creating the nonconformity, except with a special permit from the Zoning Board of Appeals, using the criteria set forth in § 133-35.
D.
Discontinuance. Whenever a nonconforming use has been
voluntarily discontinued for a period of one year, any future use
shall be in conformity with the provisions of this chapter. A reasonable
or necessary interim, however, between tenants or successors in interest
or occupants shall not be construed to mean discontinuance.
E.
Change to conforming use. Whenever a legal nonconforming
use of a building or land has been changed to a conforming use, such
use shall not thereafter be changed to a nonconforming use.
F.
Change between nonconforming uses. A nonconforming
use may be changed to a use of the same or higher classification by
the issuance of a special permit by the Zoning Board of Appeals or
Town Board.
G.
In the event that the Zoning Board of Appeals has
granted a license for a use which subsequently becomes nonconforming
under the Zoning Code or Map, the license may be renewed by the Zoning
Board of Appeals upon a determination that:
H.
The foregoing provisions also apply to uses or buildings
made nonconforming through amendment to the Zoning Code or Map.
[1]
Editor's Note: Former § 133-24, Additional regulations
for lots, was repealed 4-12-2019 by L.L. No. 7-2019.
