This article provides for the safety of the occupants of buildings
and of those who use the roads. Those who build, buy, use, repair
or remodel any buildings shall observe the standards published by
New York State under the Model Housing Code, the Uniform Fire Prevention
and Building Code, the State Code for Construction and Installation
of Mobile Homes and all other applicable codes.
On a corner lot, there shall be no obstruction of vision creating
a safety hazard for anyone using the intersecting roads. The determination
of an appropriate "clear zone" shall be made by the Code Enforcement
Officer and County or Town Highway Superintendent.
The following minimum parking spaces shall be provided on the
premises:
A. One- and two-family dwelling units: two per dwelling unit.
B. Multifamily dwelling unit: two per dwelling unit plus one extra for
service and guests for each three dwelling units.
C. Hotels, motels, tourist homes and boardinghouses: one per guest room,
plus one per staff based on maximum staffing expected, plus one for
service.
D. Other businesses: one per 100 square feet of customer floor space,
or as required by conditions of the special permit.
E. Public assembly, government buildings and outdoor recreation: as
required by conditions of the special permit.
In all districts, any use that endangers the health, safety
or welfare of any person is prohibited. The Planning Board, through
the special permit process, shall decide whether proposed uses meet
reasonable standards for such purposes. Such standards may apply to
noise, odor, dust, dirt, smoke, noxious gases, building vibrations,
excessive outside lighting, dangerous glare or other impairment of
vision, contamination of soil and open water systems and other physical
conditions.
The design, construction, maintenance and operation of storage
facilities for flammable liquids, chemicals and explosives shall comply
with all applicable state and federal laws, codes and regulations.
Operation of a mine for other than personal, noncommercial use
constitutes a business and requires a special permit. All land owners
shall comply with the New York State Mined Land Reclamation Law (Chapters
1043 and 1044) which requires that operators who mine more than 1,000
tons of minerals from the earth within 12 successive calendar months
must obtain a permit for such operations from the New York State Department
of Environmental Conservation.
The construction of new buildings, roads and other facilities
on slopes of 15% or more grade (15% equals a 11/2 foot rise in 10
feet horizontal distance) shall require a special permit, and a performance
bond or other security may be required. Logging on such areas shall
comply with New York State Department of Environmental Conservation
regulations.
All new construction and erection of public utilities and services,
except hookups to single customers from existing facilities, require
the granting of a special permit. This applies to, but is not limited
to, those utilities that furnish power, fuel, water, communications
and such public services as fire, police, solid waste disposal and
premises for government agencies.
All buildings and sites that are now or hereafter designated
by the Town Board as sites of historic or natural value shall require
a special permit before alteration or destruction.
For purposes of this section, a nonconformity is defined as
any structure, lot or use, which does not conform to the regulations
as set forth in this chapter for the district in which it is situated,
but which lawfully existed prior to the enactment of this chapter
or any revision or amendment thereto, and which is maintained after
the effective date thereof, although it does not conform to the use
or area regulations of the district in which it is located.
A. Policy. It is the intent of this section to permit nonconformities
to continue, but not encourage their survival, where such nonconformities
do not endanger the public health, safety and welfare.
B. Nonconforming uses. All lawful uses existing at the time of the enactment
or amendment of this chapter may be continued even if such uses do
not conform with the provision of this chapter, provided that:
(1) No nonconforming use shall be extended, expanded or enlarged into
any building or lot, or portions thereof, not used for such purposes
at the effective date of adoption or amendment of this chapter without
a special permit. However, a nonconforming use may be extended throughout
any parts of a building which were manifestly arranged or designed
for such use at the time of the enactment or amendment of this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such use
at the effective date of adoption or amendment of this chapter without
a special permit.
(3) If any such nonconforming use ceases for any reason for a period
of one year or more, such use shall not be reestablished without a
special permit. Intent to reestablish or resume a nonconforming use
shall not confer the right to do so. In case of a nonconforming business
or commercial use, if the structure remains closed for business for
a period of one year or more, the nonconforming use shall be regarded
as ceased. Any previously issued special permit in conjunction with
this section shall also cease.
(4) No such nonconforming use shall be restored or structurally altered
in any way that will increase its degree of nonconformance without
a special permit. A nonconforming use may be structurally altered
or renovated so as to decrease its degree of nonconformance.
(5) Any nonconforming building or use, if changed to conform to the requirements
of this chapter, shall not thereafter be changed back to a nonconforming
building or use.
C. Nonconforming buildings. A nonconforming building may be continued,
repaired, structurally altered, moved, reconstructed or enlarged,
provided that action does not increase the degree of or create any
new nonconformity. A building which contains a use allowed in its
district by special permit may be repaired, structurally altered,
moved, reconstructed or enlarged after review and issuance of a new
special permit, provided that the action does not increase the degree
of or create any new nonconformity.
D. Nonconforming lots. Any lot which was duly approved prior to this
chapter and which has an area less than required by this chapter may
be used for any permitted purpose if:
(1) The owner, on the effective date of this chapter, has no adjoining
land which would permit the owner to make the lot conforming, and
if all other zoning and planning requirements are satisfied; or
(2) The owner obtains a variance pursuant to the provisions of Article
VII for any setback, frontage, lot coverage or other requirement of this chapter (other than lot size) which can not be met. Such a variance may only be granted if the applicant demonstrates that all requirements of New York State law relating to residential lots (such as percolation, sewage disposal and water supply) can be satisfied.
E. Creation of nonconforming lots by reduction of lot area. No nonconforming
lot shall be created where no nonconforming lot existed prior to the
passage of this chapter. No lot shall be so reduced in area that the
total area, yard setbacks, lot width, frontage, coverage or other
requirements of this chapter shall be less than herein prescribed
for each land use district without a variance. The provisions of this
section shall not apply when part of a lot is taken for a public purpose.