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Town of Queensbury, NY
Warren County
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Subject to the provisions of this article, a lawful nonconforming structure or use or a structure containing a lawful nonconforming use may be continued and maintained in reasonable repair but may not be enlarged or extended as of the date this chapter becomes law, except as follows:
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, which provided that a lawful nonconforming residential dwelling could be enlarged, reconstructed, altered or renovated only by a variance granted from the Zoning Board of Appeals, was repealed 1-28-2011 by L.L. No. 2-2011.
B. 
A mobile home may be replaced with another mobile home, provided that the replaced mobile home is removed from the lot and the replacement mobile home meets current HUD standards and is in compliance with Chapter 113 of this Code.
C. 
In no case shall any increase or expansion violate or increase noncompliance with the minimum setback requirements of the shoreline restrictions.
D. 
This article shall not be construed to permit any unsafe use or structure, nor shall it affect all proper procedures to regulate or prohibit the unsafe use or structure.
E. 
Any lawful nonconforming use may be modified, enlarged or increased in any respect or to any degree only by variance granted by the Zoning Board of Appeals.
F. 
A lawful existing, nonconforming structure may be reconstructed or renovated only by a variance granted by the Zoning Board of Appeals. Further, a lawful existing, nonconforming structure, which violates only the area requirements of this chapter, may be enlarged or extended without the need for a variance so long as the proposed enlargement or extension itself does not violate any area requirements of this chapter.
[Amended 1-28-2011 by L.L. No. 2-2011]
G. 
Site plan approval by the Planning Board shall be required for any enlargement of a lawful nonconforming structure or use of a structure containing a nonconforming use existing within a critical environmental area designated by the Town Board of the Town of Queensbury or the rules and regulations of the Department of Environmental Conservation adopted pursuant to the SEQRA.
If a nonconforming use is discontinued for a period of 18 consecutive months, such use shall be deemed to be abandoned and further use of the property shall conform to this chapter.
If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
Nothing contained in this chapter shall require any change in plans, construction, alteration or designated use of a structure for which all preconstruction approvals have been given prior to the adoption of this chapter unless such approval has expired.
A. 
Area nonconformity. Any structure which is nonconforming due to a setback violation or, in the case of multifamily housing, due to greater density than would be allowed by this chapter, which is destroyed wholly or in part by fire, flood, wind, hurricane, tornado or other act beyond the control of man shall be allowed to reconstruct according to its original dimension and density if a complete building permit for said reconstruction is submitted within 18 months of said destruction. If a complete building permit for reconstruction has not been submitted within this period, the rebuilt structure must conform to this chapter.
B. 
Use nonconformity. Any structure which is a nonconforming use according to the provisions of this chapter that is destroyed by fire, flood, wind, hurricane, tornado or other act beyond the control of man, to the extent of 50% of the assessed value of the structure or more, may be replaced if a complete building permit for said reconstruction is submitted within 18 months of the destructive incident. If a complete building permit for reconstruction has not been submitted within this period, the rebuilt structure must conform to this chapter.
[Amended 1-28-2011 by L.L. No. 2-2011]
This Zoning Chapter as it was revised on October 1, 1988, and February 28, 2011, set forth many new requirements concerning lot area, size, dimensions and setbacks. This section exempts certain lots from the requirements of this chapter as it currently exists and as it existed since October 1, 1988, as follows:
A. 
Any lot of record, lawfully existing and complying with the Town of Queensbury Zoning Regulations as were applicable on the day that such lot of record was legally created by recording the deed for such lot in the Warren County Clerk's office, and that does not conform to the dimensional requirements of this chapter, shall be considered a legal nonconforming lot of record. Except as provided in Subsections C and D hereof, such lots can be developed in accordance with the minimal dimension requirements that were existing and effective on the day that such lot was created.
B. 
Development of any lawfully nonconforming lots of record which are located within Planning Board approved subdivisions shall be considered legal nonconforming lots of record and can be developed in accordance with the minimal dimension requirements that were existing and effective on the day that such lot was created, provided that the approved subdivision plat was filed in the Warren County Clerk's in accordance with law. The date that such lot was created shall be deemed to be the date that such approved subdivision plat was filed in the Warren County Clerk's office.
C. 
Development of any lawfully nonconforming lots of record existing outside of Planning Board approved subdivisions shall comply with the setback requirements of this chapter unless the Zoning Board of Appeals grants a variance.
D. 
Development of nonconforming lots in a critical environmental area and/or the Adirondack Park shall be in accordance with § 811 of New York State Executive Law Article 27 (the APA Act). Development of such lots shall also comply with the minimum yard setback, lot width, permeability and building height limitations as set forth by this chapter. In the event that a lot located within either a critical environmental area or the Adirondack Park does not comply with the minimum density or minimum shoreline width requirements and adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes. Lawful nonconforming lots shall include those lots in preexisting subdivisions which were approved by the New York State Department of Health.