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:
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.
[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.