Town of Ghent, NY
Columbia County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
These provisions shall apply to all buildings or structures and to all uses of buildings or structures or lots lawfully existing prior to the effective date of this chapter, or of subsequent amendments, revisions or reenactments of such chapter, which do not conform to the provisions of said original Zoning Chapter, or to such revisions or reenactments of their effective dates.
Any unlawful building or structure, or unlawful use of a building or structure or lot existing as of the original effective date of this chapter or any amendment thereto shall be deemed to be a nonconforming building, structure or use.
A. 
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied, except as provided in Article IX.
B. 
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part.
C. 
A nonconforming lot owned by the owner of a lot adjacent to the nonconforming lot shall be considered to be a part of the other lot so owned, and the entire property shall be considered to be one lot.
D. 
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is offered in the form of a title search.
E. 
An existing building designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.
F. 
An existing nonconforming mobile home can be replaced by another mobile home at the same location, provided that the replacement mobile home is not larger than the home it is replacing. In such circumstances, the Zoning Enforcement Officer is authorized to issue a building permit, use permit and/or certificate of compliance. The replacement mobile home shall be required to comply with all requirements of the New York State Building Code.
[Added 5-17-2012 by L.L. No. 4-2012]
A. 
A nonconforming use shall not be enlarged or extended, except as provided in Article X.
B. 
Any building, other than a sign, the use of which is in conformity with the regulations set forth herein, but which building does not conform with the dimensional requirements of the district in which the parcel is located, may be altered, enlarged or rebuilt so long as the degree of nonconformity is not increased.
A nonconforming use shall be changed only to a conforming use, except as provided in Article X.
A. 
A nonconforming use shall be deemed to be abandoned:
(1) 
When it is changed to a conforming use.
(2) 
In cases where such nonconforming use of a building or structure designed for such use, when it has been discontinued for a period of 12 consecutive months.
B. 
A nonconforming use that has been abandoned shall not thereafter be reinstated.
Nothing in this chapter shall prevent the restoration, within one year, of a building or buildings destroyed, in whole or in part, by fire, explosion, Act of God or act of a public enemy or prevent the continuance of the use of such building or buildings or part thereof.
All signs erected shall comply to the signing regulations pursuant to Article VIII of this chapter.