Notwithstanding any other provisions of this
chapter, the following restrictions shall apply in the conversion
of existing buildings to add additional dwelling units:
A. Conversions shall be restricted to buildings currently
used exclusively for dwelling purposes.
B. Dwelling unit size and arrangement shall comply in
all respects with the requirements of the New York State Uniform Code.
[Amended 4-27-2006 by L.L. No. 1-2006]
C. No exterior change in size or dimension shall be made
to any existing building being converted.
D. No more than 10% of buildings on any named street
in any district shall be converted (i.e., East DeZeng would be considered
one street; West DeZeng would be considered one street; East Genesee
Street would be considered one street; West Genesee Street would be
considered one street; Lock Street would be considered one street).
Once ten-percent conversion is reached on any named street in any
zoning district, then there shall be no more conversions allowed.
In computing the ten-percent limit, a building located on a corner
lot, regardless of street address, shall be computed for each street
the building faces.
E. On any named street in any district, preexisting or
new two-family or multiple-family dwellings shall be computed as one
dwelling building and shall be counted in determining the percentage
of permissible conversions.
F. No conversions to dwelling units shall be permitted
in commercial buildings.
[Added 4-25-2005 by L.L. No. 1-2005]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
SEASONAL BUSINESS
(1)
Any building, structure, business activity or use of land that:
(a)
Is normally open to the public, such as a mercantile, food service,
professional office or public assembly establishment; and
(b)
Has been or is intended to be closed to the public for at least
four consecutive months.
(2)
The term "seasonal business" shall not apply to temporary uses,
such as carnivals, fairs and similar event-specific activities.
B. Approval required.
(1) All new seasonal businesses, and any existing year-round
business that begins operating as a seasonal business, shall require
a special permit issued by the Planning Board.
(2) Seasonal businesses shall be permitted to operate
in any C-1, C-2 or Open Land District only.
(3) Preexisting, nonconforming seasonal uses shall be
permitted to continue operating, provided they conform in all respects
with the general regulations set forth below. Any preexisting, nonconforming
seasonal business found to violate any of the general regulations
found in this section shall be deemed abandoned and cannot be used
again unless and until it conforms in all respects with this chapter.
C. General regulations.
(1) Seasonal businesses shall be open to the public for
at least two months in any calendar year, unless a shorter time period
is approved by the Planning Board as a part of the special permit.
(2) Prior to opening each calendar year, such business
shall be inspected by the Code Enforcement Officer for compliance
with state and local regulations. It shall be unlawful for a seasonal
business to operate prior to written approval of the Code Enforcement
Officer. The fee for such inspection shall be $20.
(3) Any unapproved or unlawful use shall not be counted
toward time that the business is required to be open to the public.
D. Revocation of permit.
(1) Special permits may be revoked by the Code Enforcement Officer as provided in §
190-33.