A.
Purpose. The purpose of this section is to reduce or minimize impacts
of buildings which do not conform to the Bulk Table or other dimensional
regulations of this chapter.
B.
A building lawfully existing on July 11, 1990 (the day immediately
preceding the effective date of the Town predecessor to this chapter),
or lawfully existing on the day immediately preceding the effective
date of any amendment to this chapter affecting such building, regardless
of change of title, possession or occupancy or right thereof, may
be continued indefinitely, subject to the following:
(1)
Such nonconforming buildings may be remodeled or reconstructed provided
that such action does not create any new noncompliance or increase
the degree of noncompliance in accordance with the permitted Bulk
Table and other dimensional regulations of this chapter. An increase
in the degree of noncompliance shall include, but not be limited to,
the following:
(a)
The lateral extension of the building, even where the distance
of that building to the property line remains the same.
(b)
An upward expansion of the building, or the infilling of open-air
space (such as a porch), even at the same dimension as an existing
setback noncompliance (because such an expansion necessarily increases
the mass or volume of the noncompliance).
(2)
Reconstruction of a damaged nonconforming building.
(a)
A nonconforming building (whether housing a conforming or a
nonconforming use) which has been damaged by fire or other causes
to the extent of more than 50% of its fair market value shall not
be repaired or rebuilt unless such building is made to conform to
the height and yard requirements of the Bulk Table and other dimensional
regulations of this chapter.
(b)
Application for a permit to repair or rebuild a nonconforming
building damaged 50% or less shall be filed within one year of the
day of such damage. If such permit is issued, it shall expire two
years thereafter at which time all work must be completed or a certificate
of occupancy shall not be issued.
(3)
Repairs and maintenance. Consistent with the foregoing regulations,
nothing in this article shall be deemed to prevent normal maintenance
and repair of any nonconforming building.
(4)
The reduction in square footage of a nonconforming building shall
be permitted unless, in the Building Inspector's opinion, special
circumstances exist which are likely to cause adverse environmental
impacts, in which case the applicant shall obtain a special permit
from the Zoning Board of Appeals.
A.
A single residential lot separated by other land not in the same
ownership and made nonconforming as to area or width by the 2011 revisions
to this chapter, and not otherwise vested as to other zoning by state
statutory or common law, may be used for a single-family dwelling,
provided that the lot complies with the setback requirements of the
district in which it is located.
B.
Two or more adjacent lots under the same ownership that were made
nonconforming as to area or width by the 2011 revisions to this chapter,
and not otherwise vested as to other zoning by state statutory or
common law, may each be used for one single-family dwelling, provided
that the lot complies with the setback requirements of the district
in which it is located.
C.
Residential lots that were made nonconforming as a result of the
enactment of revisions to this chapter as to area and width shall
not be required to secure a variance from the Zoning Board of Appeals
for construction of a single-family residence provided the minimum
area provided conforms with the following:
(1)
Lots subdivided prior to 1953 shall have a minimum lot area
of 15,000 square feet.
(2)
Lots subdivided later than 1953 but prior to July 12, 1990,
require a minimum of 20,000 square feet.
(3)
Lots subdivided on and after July 12, 1990, require a minimum
of 30,000 square feet or the minimum lot requirements for the district
in which the subdivision was approved.
(4)
Lots shall have access to municipal water and sewer services
or, if not available to the site, water and sewer services shall meet
current New York State and Orange County Health Department standards.
(5)
Lots shall meet all setback requirements for the district in
which they are located.
A.
Purpose. The purpose of this section is to reduce or minimize impacts
of uses of buildings and open land that do not conform to the use
requirements set forth in this chapter.
B.
Nonconforming uses. Except as provided hereinafter, the nonconforming
use of buildings or land lawfully existing on July 11, 1990 (the day
immediately preceding the effective date of the Town predecessor to
this chapter), or the nonconforming use of buildings or land lawfully
existing on the day immediately preceding the effective date of any
amendment to this chapter affecting such use, regardless of change
of title, possession or occupancy or right thereof, may be continued
indefinitely, except that such use:
(1)
Shall not be enlarged, altered, extended, or restored, or placed on a different portion of the lot or parcel of land occupied by such use, nor shall any external evidence of such use be increased by any means whatsoever, except as provided in Subsection C herein.
(2)
Shall not be moved to another location where such use would
be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval
by the Board of Appeals, and then only to a use which, in the opinion
of said Board, is of the same or of a more-restrictive nature.
(4)
If changed to a more-restrictive nonconforming use, shall not
be changed back to a less-conforming use.
(5)
Shall not be reestablished or changed to another nonconforming
use if such use has been discontinued for any reason for a period
of one year. Intent to resume a nonconforming use shall not confer
the right to do so.
(6)
Shall not be reestablished if such use has been changed to or
replaced by a conforming use.
(7)
Shall not be repaired or rebuilt if the nonconforming use is
damaged by fire or other causes to the extent of 50% or more of its
fair market value as determined by the Assessor unless the use is
changed to a conforming use.
C.
Expansion of nonconforming use. Notwithstanding any other provision
herein, the Zoning Board of Appeals may issue a special permit for
the expansion of a nonconforming use of a building by up to 10% of
the floor area of the principal structure, provided it finds that:
(1)
Said expansion of the use is not detrimental to surrounding
properties or to the health, safety and general welfare of the immediate
neighborhood; and
(2)
No need for an expansion of off-street parking or traffic generation
will occur in a residential district as a result of such an expanded
use.
