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 nonconforming or
noncomplying by reason of any subsequent amendment to this chapter
and the Zoning District 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 may be continued
indefinitely if maintained in accordance with all applicable codes,
ordinances, regulations and other requirements, but:
(1)
Shall not be enlarged or extended by more than 50%,
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)
Shall not be moved to another location where such
use would be nonconforming.
(3)
Shall not be changed to another nonconforming use
without prior approval by the Board of Appeals and then only to a
use which, as determined by the Board of Appeals, is of the same or
a more restricted nature.
(4)
Shall not be reestablished if such use has been discontinued
for any reason, whether through vacancy or cessation of use, for a
period of five calendar years or longer, or has been changed to or
replaced by a conforming use for any period of lime. The intent to
resume a nonconforming use shall not confer the right to do so.
[Amended 4-14-1999 by L.L. No. 1-1999]
B.
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. Further, nothing contained
herein shall prohibit the replacement of any mobile home legally existing
in the Town of Shandaken at the time of adoption of this chapter,
provided that the replacement structure is in full compliance with
the specific standards established in § 116-40B(1) through
(4),[1] which compliance shall be reviewed in accordance with the special use permit procedure stated within Article VII. No nonconforming use shall, however, be extended to displace a presently conforming use.
[Amended 4-14-1999 by L.L. No. 1-1999]
Nothing contained in this article shall be deemed
to prevent normal repair and maintenance of or structural alteration
within a noncomplying building, provided that such action does not
increase the degree of or create any new nonconformity. Further, any
noncomplying building or structure declared unsafe by the Building
Inspector or other proper authority may be restored to a proper condition
within the time period provided by such authority. A building or structure
which does not comply with the minimum yard requirements of the district
in which it is located may be enlarged or altered, provided that any
new construction does not extend beyond that part of the existing
structure which causes the noncompliance or create any new noncompliance.
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 the bulk, height and
area shall not be in excess of that which existed prior to damage,
that all applicable New York State Uniform Fire Prevention and Building
Code[1] provisions shall be fully complied with and that the restoration
shall be commenced within six months of the damage and be fully completed
within two calendar years of such occurrence.
Each of the nonconforming uses specified in
this section 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.
When termination required; alternative.
(1)
In R5, R3, R1.5, HR and HC Districts, any lawful nonconforming
use of open land, including but not limited to such uses as junkyards,
motor vehicle junkyards and contractors' yards, may be continued for
a period of three calendar years after the effective date of this
chapter, provided that after the expiration of such period, such nonconforming
use shall be terminated.
[Amended 12-28-1992 by L.L. No. 3-1992]
(2)
As an alternative to termination, continuation of the use may be authorized by the Planning Board through application for and approval of a special use permit in accordance with the procedures and standards established within Article VII. Special attention shall be directed by the Planning Board to the screening requirements stated in § 116-37.
B.
Any nonconforming or noncomplying sign, accessory or nonaccessory, including such features as prohibited in § 116-25, shall be modified by its owner to conform or be removed within three days after receipt by the owner of the specific written notice from the Zoning Enforcement Officer so to comply.
[Amended 5-12-1993 by L.L. No. 3-1993]
C.
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 receipt of written notice
from the Building Inspector to remove such obsolete sign.
Any building, the construction of which has
been legally started before the effective date of this chapter or
of any amendment thereto, may be completed in accordance with plans
on file with the Building Inspector, provided that such construction
is diligently pursued and the building is completed within two years
of the adoption of this chapter or said amendment.
