Any nonconforming use may be continued, subject
to compliance with the conditions set forth below:
A.
Except upon the granting of a variance by the Zoning
Board of Appeals, no building containing a nonconforming use shall
be enlarged, altered, extended, reconstructed or restored or placed
on a different portion of the lot or parcel of land occupied by such
use on the effective date of this chapter, nor shall any external
evidence of such use be increased by any means whatsoever. In the
case of any lot containing a nonconforming residential use in a nonresidential
district or a nonconforming nonresidential use in a residential district,
any proposed new use or increase in the size of said use on any portion
of such lot, which new use or increase in the size of said use is
not accompanied by the total elimination of the existing nonconforming
use, shall be deemed to be an enlargement and extension of an existing
nonconforming use.
B.
Said nonconforming use shall not be extended to occupy
any part of a building or structure which was not arranged or designed
for such use on the effective date of this chapter.
C.
Any building containing a nonconforming use shall
not be structurally altered or moved to another location where such
use would be nonconforming.
D.
Said nonconforming use shall not be changed to another
nonconforming use without approval by the Zoning Board of Appeals,
and then only to a use which, in the opinion of the Board of Appeals,
is of the same or of a less restrictive nature.
E.
Said nonconforming use shall not be reestablished
if such use has been discontinued for any reason for a period of one
year or more or has been changed to or replaced by another conforming
use. Intent to resume a nonconforming use shall not confer the right
to do so.
F.
Damaged or destroyed buildings.
(1)
If any building containing a nonconforming use is
damaged or destroyed from any cause to the extent, as determined by
the Building Inspector in consultation with the Tax Assessor, of over
50% of the value of such structure above the foundation, said building
shall not be rebuilt or restored for the continuance of a nonconforming
use therein. Such building, if damaged to the extent of less than
50% of the value of such structure above the foundation, as determined
by the Building Inspector, may be restored in the same location, provided
that it is not enlarged or extended beyond its original size.
(2)
Application for a permit to build or restore the damaged
or destroyed portion of any building as set forth in the preceding
subsection shall be accompanied by plans for reconstruction.
(3)
Unless the restoration of said building is completed
within one year of the date of such change, the nonconforming use
of such building shall be deemed to have been discontinued.
G.
The Zoning Board of Appeals may impose any reasonable
conditions and safeguards on nonconforming uses when issuing any variance
relating to a nonconforming use, including definition of special lot,
bulk and parking requirements deemed necessary by said Board. Such
conditions and safeguards shall be designed to minimize any detrimental
effect that such use may have on adjoining or nearby lots. The Zoning
Board of Appeals may request a recommendation on such requirements
from the Planning Board prior to its determination of conditions to
be imposed.
H.
Notwithstanding any of the foregoing regulations,
nothing in this section shall be deemed to prevent normal maintenance
and repair of any nonconforming use or building. Similarly, nothing
in this section shall be deemed to prevent the carrying out of major
structural alterations or demolitions that are deemed necessary and
in the interest of public safety by the Building Inspector. In granting
a building permit for public safety alterations, the Building Inspector
shall state the precise reason why such alterations were deemed necessary.
I.
Notwithstanding any of the foregoing regulations,
and superseding § 7-712 of the Village Law and § 267
of the Town Law to the extent that they are inconsistent herewith,
the Planning Board may approve or approve with modifications a site
plan for the expansion or modification of a nonconforming use which
is otherwise consistent with the requirements of this chapter, upon
finding that the proposed expansion or modification will bring the
nonconforming use into greater conformity with this chapter and reduce
the adverse external impacts of such use. No such approval or approval
with modification shall be granted without first holding a public
hearing with respect to the application.
[Added 7-1-1991 by L.L. No. 6-1991]
J.
Discontinuation of incinerators.
[Added 4-21-2003 by L.L. No. 2-2003]
(1)
The owner of each existing accessory incinerator shall
register with the Building Inspector within 30 days of the effective
date of this subsection. Upon registering with the Building Inspector,
the owner shall specify the amount of its capital investment in said
use and shall provide such documentation as the Building Inspector
shall require to establish such amount. All accessory incinerators
shall be discontinued on or before the date specified in accordance
with the following schedule:
|
Amount of Capital Investment
(As of the Effective Date of This Subsection)
|
Date Before Which Use Shall Terminate
|
|---|---|
|
$0 to $25,000
|
December 31, 2003
|
|
$25,001 to $50,000
|
December 31, 2004
|
|
$50,001 to $75,000
|
December 31, 2005
|
|
$75,001 to $100,000
|
December 31, 2006
|
|
$100,001 or more
|
December 31, 2007
|
(2)
Any accessory incinerator in existence on the effective
date of this subsection, whose owner fails to register with the Building
Inspector within 30 days of said date, shall be discontinued on or
before December 31, 2003.
[Amended 6-15-1998 by L.L. No. 4-1998]
A.
Nothing in this section shall be deemed to prevent
the normal maintenance and repair of a noncomplying building or structure,
provided that such action does not increase the degree of or create
any new noncompliance with regard to regulations pertaining to such
buildings or structures.
B.
Nothing contained in this chapter shall require any
change in the plans, construction or use of a building complying with
local laws in force prior to the effective date of this chapter if
the following is found to exist:
C.
Where prevailing lot width or depth, lot areas or
yards are less than the requirements of this chapter, the Zoning Board
of Appeals may consider compliance with said requirements to cause
unnecessary hardship and may, therefore, vary such requirements, provided
that the resultant lot width or depth, lot areas and/or yards shall
be in harmony with the pattern of development prevailing along the
streets.
D.
Noncomplying buildings and structures may not be enlarged
without a variance being obtained from the Zoning Board of Appeals
pursuant to this chapter. No building or structure which is noncomplying
with respect to applicable developmental regulations (by illustration,
but not by limitation, height, setbacks, building and development
coverage, lot area or lot width) shall be enlarged or altered in such
a manner as to increase any such noncompliance or so as to enlarge
or increase the area of such building or structure, including but
not limited to the alteration of roof or floor levels or the addition
of area above, below or adjacent to such noncomplying building or
structure.
