[Amended 6-28-2007 by L.L. No. 10-2007; 5-21-2009 by L.L. No.
4-2009]
A. Determination of nonconforming use. Any lawfully established use
of property legally existing at the time of the passage of this chapter
that does not conform to the regulations thereof, except those established
pursuant to the issuance of a use variance, shall be deemed a nonconforming
use.
B. Continuation. Any nonconforming use which existed lawfully at the
time of adoption of this chapter may be continued, subject to the
following provisions.
(1) Extension, modification or replacement.
(a)
Extension. A nonconforming use shall not be enlarged or extended
beyond the area occupied by such use. No structure occupied by or
accessory to such use shall be constructed, enlarged or extended,
except for the following:
[1]
A storage shed or garage that is clearly accessory and incidental
to the nonconforming use;
[2]
An existing telecommunications tower where additional antennas
and/or equipment cabinets and cables are added without increasing
the height of the tower.
(b)
Replacement. If a nonconforming use is modified or replaced
in whole or in part by another use, such use shall conform to this
chapter.
[1] Any nonconforming use undergoing a change of use which does not comply with section §
190-20C of this chapter but has a setback of at least 25 feet from the boundary of any Single Family Residential or Multifamily Residential Zoning District is prohibited unless a special use permit is obtained as set forth in §
190-57.
[Added 5-1-2014 by L.L. No. 8-2014]
(c)
In an OR, NCOR, COR or HCOR District where a mixed-use site
is not in conformance with respect to the required proportion of commercial
to residential use, an existing commercial use may be replaced with
a permitted commercial use, provided no other violations of this chapter
are created by such replacement.
(2) Discontinuance. A nonconforming use shall not be changed unless changed
to a permitted use. A nonconforming use, if changed to a permitted
use, may not thereafter be changed back to a nonpermitted use. When
a nonconforming use has been discontinued for a period of 18 months
or more, intent to abandon or relinquish such nonconforming use shall
be presumed, and such nonconforming use shall be deemed abandoned
and shall not thereafter be reestablished, and the use shall be changed
to a permitted use.
(3) Destruction and restoration. If any building or structure in which
a nonconforming use is conducted is hereafter removed or destroyed
through natural or other cause beyond the control of the owner, to
the extent that the loss is 75% or more of its fair market value at
the time of such damage, the use shall not be reinstated. If any such
building or structure is intentionally removed or destroyed to any
extent by its owner or agent thereof, the nonconforming use shall
not be reinstated.
[Amended 5-21-2009 by L.L. No. 4-2009]
A. Completion. Any building or structure for which construction was
lawfully begun prior to the adoption of this chapter may be completed
and used in accordance with the approved plans and specifications
for said building or structure.
B. Continuation. Any nonconforming building or structure which exists
at the time of the adoption of this chapter may be maintained so long
as it remains otherwise lawful, subject to the following provisions:
(1) Modification and replacement.
(a)
Modification.
[1]
A nonconforming building or structure shall be maintained in
such condition as will not constitute a danger to the health, safety
or general welfare of the public.
[2]
A nonconforming building or structure shall not be added to, enlarged, reduced or altered in any manner which increases its nonconformity, with the exception of existing telecommunication towers as set forth in §
190-34 B(1)(a)[2]. Nothing herein, however, shall prevent the strengthening or alteration to a safe condition of all or part of a building that is nonconforming, provided that the repair or alteration will not increase the nonconformity.
[3] A nonconforming building undergoing a change of use which does not comply with §
190-20C of this chapter but has a setback of at least 25 feet from the boundary of any Single Family Residential or Multifamily Residential Zoning District is prohibited unless a special use permit is obtained as set forth in §
190-57 and the nonconforming building maintains or exceeds its current setback.
[Added 5-1-2014 by L.L. No. 8-2014]
(b)
Replacement. A nonconforming structure may be replaced, to occupy
the same footprint on the lot and not exceeding the height of the
prior structure, or may be rebuilt providing greater conformance to
the dimensional requirements article of this chapter, subject to a site plan review by the PEDD or Planning
Board, if applicable.
(2) Destruction and restoration. A nonconforming building or structure
destroyed or damaged through natural or other cause beyond the control
of its owner may be replaced, to occupy the same space on the lot
and not exceeding the height of the prior structure, or may be rebuilt
providing greater conformance to the dimensional requirements article
of this chapter, subject to a site plan review by the PEDD or Planning
Board, if applicable. A complete application for building and zoning
permit for the replacement must be made within one year from when
the damage was sustained.
No existing residential use established on a
lot which does not conform to the minimum area, width, frontage or
building setback requirements as set forth in this chapter for the
zoning district in which the lot is located shall be converted to
any permitted nonresidential use, nor shall any existing single-family
residential use established on any such lot be converted to any multifamily
residential use.
A single-family dwelling, two-family dwelling,
cemetery, greenhouse, public utility plant, state, county or municipal
building, airport, radio station, religious institution or a club
established pursuant to the New York State Not-For-Profit Corporation
Law or otherwise, and qualified as a tax-exempt organization pursuant
to 25 U.S.C.A. § 501(c)(7) and applicable regulations, as
the same may be amended from time to time, existing in any district
at the time of the passage of this chapter or any amendments thereto,
shall be deemed a conforming use upon the lot then devoted to such
use, provided that such use has been legally established, and the
lot containing these uses may not increase in size.
Any use established pursuant to a use variance
issued prior to the date of adoption of this chapter that does not
conform to the regulations thereof shall be permitted to continue,
subject to any conditions of the variance decision under which it
was established. Continuation of all such uses shall be governed by
the provisions for extension, modification or replacement of nonconforming
uses as set forth in this article.
The provisions of this article shall be primarily
administered and enforced by the Building Department, which shall
have the power to make necessary inspections.