All changes and additions to nonconforming uses shall be considered
special uses, and permits for alterations, changes in use or additions
shall be granted only after a determination by the Planning Board
that the following conditions have been, or will be, satisfied:
A. There shall be no expansion in the amount of land area outside a nonconforming facility (outdoor area) used for storage of materials, supplies and/or products, excepting with respect to those types of uses outlined Subsection
B below.
B. Where the nonconforming activity is one which necessarily results
in the storage of large quantities of material, supplies or products
outside (such as a lumberyard), the Planning Board may require dense
evergreen screening sufficient to shield all such materials from the
view of adjacent landowners and/or the traveling public.
C. No addition, change or expansion of a nonconforming use shall further
violate setback and/or height regulations of the district in which
it is located. Moreover, no change of use shall be to one of a more
intensive classification (e.g., one with more employees, more traffic,
more parking). A nonconforming retail enterprise could be converted
to a barbershop, for example, but not to an industrial use.
D. There shall be no increase in the amount of stormwater runoff for
the site over what was existing as of the date of the enactment of
this chapter. The USDA Natural Resources Conservation Service, a professional
engineer or other appropriate professional may be relied upon to recommend
appropriate measures to control stormwater runoff. Such measures shall
be attached as conditions of approval by the Planning Board.
E. In no case will a change, addition or extension of a nonconforming
use be allowed which would result in a traffic increase that would
decrease the level of service for the highway, the diversion of traffic
closer to a nearby residence or a reduction of any of the parking
and unloading requirements of this chapter where additional parking
or loading would otherwise be required due to the change, addition
or expansion. If the total number of parking spaces for the site is
to be increased more than 25% over those available as of the date
of this chapter, the Planning Board may require vegetative screening
of the parking area from nearby residential areas.
F. The use may only be expanded or extended onto another property of
record if that property is immediately adjacent to the lot on which
the original structure or use was located as of the effective date
of this chapter or amendments hereto and the use is not one which
has been altogether prohibited as a new use under this chapter.
G. Should the use proposed for expansion or extension be one which is
specifically prohibited as a new use in the Town or is determined
by the Planning Board to be one similar to such a use or of such a
nature as to impose health, safety or welfare concerns which cannot
be satisfied by the imposition of the conditions permitted under this
chapter, the requested expansion or extension shall be denied.
A structure may be erected on any existing lot of record, providing
the owner does not own adjoining property; no yard is reduced to less
than 50% of the requirement for the district in which it is located
or 20 feet, whichever is greater; and a sewage disposal system meeting
New York State standards, including well and septic isolation distances,
can be placed on the lot should public facilities be unavailable.