Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[Amended 12-22-2014 by L.L. No. 8-2014]
A. 
It is the policy of the Town of Fallsburg to provide for the limited continuation of nonconformities where, of themselves, such nonconformities do not endanger the public health, safety and welfare or do not conflict with the Town's Comprehensive Plan. Additionally, it is the intent of the Town of Fallsburg not to allow for the expansion of existing bungalow colonies other than in the limited instances outlines below. The following nonconformities are viewed as a detriment to the public interest, and are as follows:
(1) 
Nonconformity to the performance standards of § 310-5.19.
(2) 
Nonconforming junkyards, garbage dumps, open storage yards, mobile homes and unimproved parking areas.
(3) 
Nonconforming signs in residential districts.
(4) 
Nonconforming signs in other districts.
(5) 
Nonconforming uses in all districts.
(6) 
Building not in compliance with bulk regulations in all districts.
(7) 
Uses or buildings not in compliance with supplementary regulations, other than performance standards.
(8) 
Residential uses which are nonconforming uses for the district in which located.
(9) 
Nonconforming vacant lots of record.
B. 
Each of the classifications shall be subject to the nonconforming use regulations herein. Where the circumstances exist that multiple nonconforming classes exist for a single lot, development, use or building, each of the classes shall be treated individually as set forth in these regulations, but their determent as a nonconforming use shall be considered. Example: The nonconforming use of a junkyard, in violation of performance standards and with a nonconforming sign in a residential district, shall be subject to the regulation as follows: regulation of performance standard nonconformities; for violation of performance standards; regulation of junkyards for the junkyard use; and regulation of nonconforming signs, for the subject sign.
A. 
It is the intent of the Town Board and it is hereby declared that failure to comply with the performance standards represents an imminent hazard to the public health, welfare and safety and the Comprehensive Plan (adopted by the Town Board October 10, 2006) of the Town. Notwithstanding any other provision of this chapter, operations or uses which violate the provisions of § 310-5.19 shall be terminated or brought into compliance with those regulations within two weeks of notice of such nonconformity.
[Amended 12-22-2014 by L.L. No. 8-2014]
B. 
In hearing any appeal from the provisions of this article, the Board of Appeals may grant relief from these provisions only upon a showing by the applicant that the violation will not present an imminent hazard to human life, the public health, and safety, in addition to those requirements set forth in Article XI, Enforcement. Any variance in the time for correction of the violation shall be the minimum, consistent with the intent of these regulations.
A. 
Defined. A nonconforming use is any use, whether of a building or tract of land, a lot, subdivision, or bungalow colony, existing on the effective date of the amendment of this chapter, which does not conform to the use regulations of the district in which it is located.
[Amended 12-22-2014 by L.L. No. 8-2014]
B. 
Applicability. The following provisions shall apply to all uses existing on the effective date of the amendment of this chapter which do not conform to the use regulations set forth herein and to all uses that become nonconforming by reason of any subsequent amendment.
[Amended 12-22-2014 by L.L. No. 8-2014]
C. 
Any residential use of property containing one residential-use structure which is located in a district in which the use is nonconforming shall be exempt from the provisions of § 310-9.3B. A building containing a nonconforming residential use may be altered in any way to improve livability; however, no structural alterations shall be made which would increase the number of dwelling units. Residential properties containing more than one nonconforming use or structure, that (or where owners of residential properties) wish to alter or improve livability of the dwelling as described above, shall be required to request a variance from the Zoning Board of Appeals and approvals of site plan through the Planning Board, if granted the required variance.
[Amended 6-8-2010 by L.L. No. 11-2010; 12-22-2014 by L.L. No. 8-2014]
D. 
Nonconforming uses (nonresidential). Nonconforming uses, other than residences, of buildings or open land may be continued indefinitely but:
(1) 
Shall not be enlarged, altered, extended, reconstructed, restored or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such uses be increased by any means whatsoever.
(2) 
Shall not be moved to another location where such use would be nonconforming.
(3) 
Shall not be extended to displace a conforming use.
(4) 
Shall not be changed to another nonconforming use without approval by the Board of Appeals, subject to a public hearing.
(5) 
If a building that contains a nonconforming use is damaged for any reason to an extent of 50% or less of the replacement cost of the building or structure, exclusive of land and foundation, it may be repaired, restored, reconstructed or used as before but not enlarged. The floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within two years after damages occur or such use shall not be rebuilt except as a conforming use. Any building that contains a nonconforming use that is damaged to an extent greater than 50% shall be used and constructed in compliance with the regulations contained in this chapter in accordance with the use and bulk requirements applicable to the district in which it is located.
E. 
Nonconforming commercial uses may be extended up to but not exceeding an increase of 50% in floor area with no height increase, subject to site plan approval by the Planning Board. The 50% addition shall apply to the floor area occupancy at the time this chapter is adopted. The expanded nonconforming commercial use shall comply with the area, yard, height and other regulations of the district in which the use is located. The Planning Board, in carrying out the provisions of this article, may impose reasonable conditions set forth in writing, to gradually bring preexisting development for which expansion is proposed into closer conformance with the standards of the district in which the use is located as is necessary to protect the public health, safety and general welfare, and more specifically, the safety of access, the location of refuse containers, appearance and size of signs, lights, number and arrangement of parking spaces, and dissemination of noxious odors, dust or other hazardous pollutants.
F. 
Nonconforming bungalow colony:
(1) 
It is the intent of the Town of Fallsburg to not promote the expansion of bungalow colonies. In accordance with this chapter, existing bungalow colonies shall be deemed nonconforming uses in all zoning districts. Normal maintenance and repair of bungalow units (defined as a building with one rental unit, regardless of the number of bedrooms) and accessory structures within a bungalow colony shall be permitted subject to the approval of the Code Enforcement Officer. Those existing bungalow colonies with lot coverage of less than 15% may also be expanded subject to the following limitations:
[Amended 12-22-2014 by L.L. No. 8-2014]
(a) 
Existing bungalow units may be replaced in kind with a new unit on the same building footprint, provided that all applicable building separation requirements contained in the bulk table of the Zoning Code[1] of the zoning district can be provided or § 310-4.3G, whichever is more strict; regardless of whether they are over the max lot coverage of 15%. Should separation requirements not be met, then the required fire separation of a two-hour fire wall shall be constructed for the exterior walls that do not meet this requirement.
[1]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
(b) 
The floor area of existing bungalow units may be allowed to increase no more than 25% of its footprint in 2007, and there shall be no increase in height of a unit. All applicable building separation requirements shall be met that are contained in the bulk table of the Zoning Code[2] or § 310-4.3G whichever is more strict. This shall include adding of decks, dens, study areas, bedrooms and any other rooms or structures.
[2]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
(c) 
Each building must meet the pertinent standards of the New York State Uniform Fire Prevention and Building Code;
(d) 
The proposed addition to a bungalow unit or units shall not result in a total lot coverage exceeding 15% of the bungalow colony site;
(e) 
When determining the total lot coverage, the applicant shall demonstrate that it is using the original lot of the bungalow colony and not using any additional lots or acreage that have been purchased by the bungalow colony, bungalow association, condo association, bungalow property owner or any other person or entity.
(2) 
Should the existing bungalow colony be razed, any subsequent development must fully comply with the applicable area, yard, height and other bulk and use regulations of the district in which the property is located.
A nonconforming building is any building which contains a use permitted in the district in which it is located, but does not conform to the district regulations for: lot area, width, or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit. Nonconforming buildings may be continued, repaired, structurally altered, moved, reconstructed or enlarged, provided that such action does not increase the degree of or create any new nonconformity to district bulk regulations. The following rules shall apply to repairs of nonconforming structures.
A. 
Normal maintenance repair or incidental alteration of a structure containing a nonconforming use or possessing nonconforming bulk is permitted, provided that it does not increase the degree of nonconforming use or nonconforming bulk. If a building possessing nonconforming bulk is damaged for any reason to an extent of 50% or less of the replacement cost of the building or structure, exclusive of land and foundation, it may be repaired, restored, reconstructed or used as before but not enlarged. The floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage.
B. 
All repairs shall be completed within two years after damages occur or such use shall not be rebuilt except as a conforming use. Any building possessing nonconforming bulk that is damaged to an extent greater than 50% shall be constructed in compliance with the regulations contained in this chapter in accordance with the use and bulk requirements applicable to the district in which it is located.
A. 
Notwithstanding the limitations imposed by any other provisions of this chapter, the Code Enforcement Officer shall issue a building permit for the construction of a building or structure in a lot, which does not meet the minimum area, width or yard requirements of this chapter, provided such substandard lot was on record in the Office of the County Clerk prior to the enactment of this chapter.
B. 
Any such substandard lot must conform to and comply with all New York State Health Department requirements and certification of such compliance by a licensed engineer is mandatory. Adjacent substandard lots in the same ownership must be combined by the making and recording of a single deed in order to meet the minimum lot size. An exception to the minimum lot size shall be made in cases where self-contained sewage systems which meet New York State Health Department standards are installed, provided there is no sewage flow into the ground or water.
[Amended 4-14-2009 by L.L. No. 2-2009][1]
Conversion of a single-family seasonal unit on its own lot shall be allowed, provided the entire dwelling is fully compliant with all New York State building codes, New York State energy codes and all local municipal requirements of the Department of Public Works. Conversion of a bungalow colony to year-round use shall be prohibited.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any use lawfully existing at the time of adoption of these regulations or of any amendment thereto, in the district in which such use is classified herein as a special use, shall, without further action, be deemed a conforming use in such district. An extension of or addition to such use shall require special use permit approval and shall meet all the requirements for special uses contained in Article VI of this chapter.
[Amended 6-8-2010 by L.L. No. 12-2010]
The discontinuance of a nonconforming use for a period of two years and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived. Intent to resume a nonconforming use shall not confer the right to do so.