The following provisions shall apply to all
buildings, structures and uses existing on the effective date of this
chapter, to all buildings and uses that may become noncomplying or
nonconforming by reason of any subsequent amendment to this chapter
and the Zoning Map which is a part thereof, and to all complying buildings
housing nonconforming uses.
A.
Any lawful nonconforming use of buildings or open land in existence on the effective date of this chapter, except those specifically defined in § 260-97 below, may be continued indefinitely if maintained in accordance with all applicable codes, ordinances, regulations, and other requirements but shall not be:
(1)
Enlarged, altered, extended, reconstructed or restored,
except as provided in this article, 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 substantially increased by any means whatsoever.
(2)
Moved to another location where such use would be
nonconforming.
(3)
Changed to another nonconforming use.
(4)
Reestablished if such use has been discontinued for
any reason, whether through vacancy or cessation of use, for a period
of 12 months or longer, or has been changed to or replaced by a conforming
use. The intent to resume a nonconforming use shall not be deemed
as conferring the right to do so.
B.
Additional standards.
(1)
The owner of any already established and legal small
business, light industry, or residence may expand or increase the
size and area of any or all such buildings provided that the cumulative
aggregate increase shall not exceed 25% of their total size and area
on May 19, 1989, the effective date of this chapter.
(2)
Any business or light industry made nonconforming
by the Zoning Ordinance of the Town of Woodstock of 1965 may not increase
the size and area of said building more than 25% of its total aggregate
size and area as of the time of passage of that ordinance.
(3)
While a nonconforming use may not be extended, nothing
contained herein shall prohibit the extension of a lawful use to any
portion of a noncomplying building or structure which existed prior
to the effective date of this chapter. No nonconforming use shall,
however, be extended to displace a presently conforming use.
Normal repair and maintenance of a noncomplying
building shall be allowed provided that such action does not increase
the degree of noncompliance or create any new noncompliance. Further,
any noncomplying building or structure declared unsafe by the Zoning
Enforcement Officer or other proper authority may be restored to a
proper condition within the time period provided by such authority.
Nothing contained in this article shall be deemed
to prevent the restoration of a lawful nonconforming use after damage
for any reason or by any cause, provided that:
A.
The bulk, height and area shall not be in excess of
that which existed prior to the damage;
B.
All applicable New York State Uniform Fire Prevention
and Building Code provisions shall be fully complied with; and
C.
The restoration shall be commenced within 12 months
of the damage and be fully completed within 36 months of such occurrence,
or the use of such buildings or lands as a legal nonconforming use
shall thereafter be terminated.
Each of the nonconforming uses specified below
is deemed to be sufficiently objectionable and out of character within
the zoning district in which such use is located as to depreciate
the value of other property and uses permitted in the district and
otherwise inhibit the proper, safe and orderly development of such
district. Therefore, each such nonconforming use must be and shall
be terminated on or before the expiration of the specified period
of time after the effective date of this chapter. Said period of time
is specified as one that is reasonable to permit the amortization
of the remaining value, if any, of such use.
A.
Any nonconforming or noncomplying sign, accessory or nonaccessory, including such features as are prohibited in § 260-31 of this chapter, shall be modified by its owner to conform or be removed within 30 days after notice to the owner from the Zoning Enforcement Officer to so comply.
B.
Any sign existing on or after the effective date of
this chapter which advertises a business no longer conducted, product
no longer available, or service no longer provided on the premises
shall be removed by the owner of the sign and/or premises upon which
the sign is located within 10 days after notice to the owner from
the Zoning Enforcement Officer to remove such obsolete sign.
C.
All outdoor lighting fixtures shall be brought into compliance with § 260-29C of this chapter within 24 months of the effective date of this chapter.
D.
Any barbed wire fence or portion thereof which is
removed for any reason or by any cause shall not be restored or rebuilt.
