A.
A structure which is conforming but which contains a lawful nonconforming use, a lawful nonconforming structure which contains a lawful nonconforming use or a lawful nonconforming structure which contains a conforming use may be continued and maintained in reasonable repair but may be altered, enlarged, extended or otherwise increased in any manner whatsoever by up to 25% of its existing square footage as of the date of this chapter (December 12, 1977) in accordance with Subsections A(1) and (2) below, and may be replaced only after approval by the Planning Board following site plan review:
[Amended 11-10-1998]
(1)
Such alteration, enlargement, extension or other increase
shall be limited to the structure itself. The provisions of this section
shall not be construed so as to allow the construction of a separate
building. For the purposes of this subsection, a building connected
to a main structure by a breezeway or similar device shall be considered
a separate building.
(2)
In no case shall any increase or expansion violate
or increase said structure's noncompliance with this chapter.
B.
This article shall not be construed to permit any
unsafe use or structure or to affect all proper procedures to regulate
or prohibit the unsafe use or structure.
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.
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. If a nonconforming use is discontinued
for a period of four years, further use of the property shall conform
to this chapter.
[Amended 11-10-1998]
B.
Destruction of nonconforming structure. Any structure which is nonconforming due to setback restriction, overall intensity guidelines or the dimensional requirements specified in Article VI which is destroyed by fire, flood, wind, hurricane, tornado or other acts beyond the control of man may be allowed to be rebuilt according to its original dimensions and intensity, subject to the following:
(1)
If the structure is nonconforming due to setback restrictions,
the structure has been substantially totally destroyed and there is
sufficient area on the lot where said structure is located and the
conditions on the lot allow, the Zoning Administrator may request,
but not require, that said structure shall be rebuilt so as to conform
to this chapter's setback requirements.
[Amended 11-10-1998]
(2)
Said structure must be substantially completed within
four years from the date of said structure's destruction.
[Amended 11-10-1998]
C.
Destruction of nonconforming use. Any structure which
contains a nonconforming use, as defined in this chapter, which is
destroyed by fire, flood, wind, hurricane, tornado or other acts beyond
the control of man may be rebuilt according to its original dimensions,
subject to the following:
(1)
Said structure must be substantially completed and
such nonconforming use must be reinstituted within four years from
the date of said structure's destruction.
[Amended 11-10-1998]
(2)
If the structure was also nonconforming due to setback
restrictions and there is sufficient area on the lot where said structure
was located and the conditions on the lot allow, the Zoning Administrator
may request, but not require, that said structure shall be rebuilt
so as to conform to this chapter's setback requirements.
[Amended 11-10-1998]
D.
Extension of four-year period. Upon application to the Zoning Board of Appeals therefor and a finding by the Zoning Board of Appeals that under the circumstances of any particular matter there are equitable reasons therefor, the Zoning Board of Appeals, prior to the end of such four-year period, may extend the period of four years referred to in Subsection A, B(2) or C(1) of this section for such additional period of time as it shall deem appropriate, provided that in no event shall such period of four years be extended beyond a period of five years.
[Added 11-10-1998]
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.
