Tourist accommodations, rental cottages and
group camps permanently affixed to the land and existing on May 22,
1973, the date of adoption of the Adirondack Park Land Use and Development
Plan, and existing as of the date of this chapter shall be allowed
to be converted from their previous use to individual single-family
residence use, notwithstanding the fact that such structures, as converted,
do not conform to the provisions of this chapter or the shoreline
restrictions.
A. As used in this section, "structures eligible for
conversion" means a single- or multiple-family dwelling, dormitory,
hotel, main lodge, cabin, cottage, bungalow, bunkhouse or other structure
which is permanently affixed to the land and is suitable for conversion
to single-family residential use, taking into account its existing
character, condition and facilities and general site conditions.
B. Conditions of conversion.
(1) Such conversion shall only be allowed by the owner
of record as of the date of this chapter.
(2) In no case shall any increase or expansion violate
or increase said structure's noncompliance with this chapter.
(3) In no case shall removal or replacement at a different
location on the site pursuant to this section increase any existing
nonconformance with the shoreline restrictions and setbacks.
C. Such structures shall be converted only at their existing location unless, after a Type I site plan review as per Article
VII of this chapter, the Planning Board determines that the purposes and policies of this chapter would be better served by the removal of the structure(s) to, or the replacement of the structure(s) at, a different location on the project site.
(1) If zero lot lines are proposed for structures, §
150-12, Cluster development, of Chapter
150, Subdivision of Land, must be followed.
D. A single structure containing over 1,250 square feet
of interior floor space as of the date of this chapter may be converted
to more than one single-family residence unit at the approximate rate
of one unit for each 1,250 feet of floor space in the structure prior
to conversion.
(1) The total square footage of the resulting units may
only equal the gross square footage of the original structure, plus
25%.
(2) For the purpose of calculating the gross square footage
of a structure which is suitable for conversion under the regulations
of this chapter, the following procedure shall be adhered to:
(a)
The gross square footage is the gross area of
floor space measured from the outside walls, not including basements,
attics, porches or garages.
(3) For the purpose of determining whether any additional
principal buildings may be constructed on the project site, each unit
resulting from the conversion shall be considered a new principal
building and the overall intensity guidelines will be applied pursuant
to the Adirondack Park Agency Act and § 574.7 of the Adirondack
Park Agency Regulations. All contiguous or adjacent lands associated
with the prior use or in the same ownership shall be included in the
area upon which the overall intensity guidelines will be applied.
A nonconforming use may not be replaced by a different nonconforming use except as set forth in §
160-66.
Nothing contained in this chapter shall require
any change in plans, construction, alteration or designated use of
a structure for which substantial construction work has lawfully commenced
prior to the adoption of this chapter.