[Amended 4-5-1966; 1-23-1973; 11-12-1974; 10-9-1984; 6-25-1985; 2-13-1990; 9-13-1994; 5-8-2007; 6-24-2010]
The intent of these provisions is to encourage bringing lawfully
nonconforming uses into conformity with the land use provisions of
this ordinance.
A. Except as provided for in §
322-73G, any use that lawfully existed prior to the adoption of this ordinance, but is not permitted by this ordinance, may be continued, provided that a certificate of existing use is authorized by the Board of Zoning Appeals.
B. Except as provided for in §
322-73G, any use that was in full compliance with this ordinance, but is not permitted by this ordinance because of an amendment hereto, may be continued, provided that within 90 days of the effective date of the amendment a certificate of existing use is issued.
C. Lawful nonconforming uses shall not be changed to any use except
to a permitted or special exception use in conformity with this ordinance
unless the Board of Zoning Appeals approves a variance for such change.
D. Any lawful nonconforming use that is abandoned for more than 12 consecutive
months shall not be resumed.
E. Any structure used for a lawful nonconforming use shall not be repaired,
reconstructed, or structurally altered to an extent exceeding 75%
of the fair market value of the structure. No expansion of the amount
of land or structure used for a nonconforming use shall be permitted
unless the Board of Zoning Appeals grants a use variance. This shall
not include cosmetic exterior renovations or historic restoration
as approved by the Board of Site Plan Review.
F. Structures used for a nonconforming use shall not be expanded, and
the portion of a lot used for a nonconforming use shall not be expanded.
Site improvements, such as paving areas not previously paved, shall
not be permitted.
G. All outdoor storage not in compliance with an approved site plan
shall be permanently discontinued by January 1, 2017.
[Amended 9-22-2016]
H. Any special exception use that was made nonconforming by an amendment
to this ordinance after the special exception was approved shall be
brought into compliance with the new requirements within one year
of the amendment unless the Board of Zoning Appeals grants a variance.
A. Any structure on a lot that does not conform to the minimum area or frontage dimensions described in §
322-9B shall not be enlarged or expanded except in conformity with all other dimensional requirements of this ordinance.
B. A nonconforming lot may be used or a building or structure may be
erected on such lot for use in accordance with all other applicable
provisions of this chapter, upon approval of the Board of Appeals,
provided that, at all times subsequent to the effective date of any
ordinance making such lot nonconforming, such lot has been separately
owned in good faith and:
(1) Does not or did not adjoin any lot or land in the same ownership;
and
(2) Does not or did not adjoin any lot under the same practical or effective
ownership, whether or not the incidents of title are or were the same.
A. Nonconforming structures used only for conforming uses and which
were lawfully constructed prior to the adoption of this ordinance
or an applicable amendment thereto shall not be expanded except in
compliance with the dimensional requirements of this ordinance.
B. Nonconforming structures that were lawfully constructed or expanded
pursuant to a variance shall not be expanded except in compliance
with the dimensional requirements of this chapter.
[Amended 9-6-2016]
C. Any variance to expand a lawful nonconforming structure that is used
for only a conforming use shall be deemed to be an area variance.
A. The Town Board may on its own motion hold a public hearing to consider
compelling the termination of a nonconforming use if the Board determines
that the use is detrimental to the value of adjacent property or to
the future development of surrounding land; is causing undue noise,
dust, vibration, odor, smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance; introduces any odorous, hazardous,
noxious or toxic fumes into the air; is detrimental to the public
health or safety; or is tending to deteriorate or blight the neighborhood.
B. In ordering the compulsory termination of a nonconforming use, the
Town Board will establish a definite and reasonable amortization period
during which the nonconforming use may continue while the investment
value decrement resulting from the termination is amortized. The rate
of amortization shall be in accordance with reasonable economic practice.
A. The Board of Zoning Appeals shall have original jurisdiction to authorize
the Building Director to issue certificates of existing use. The Board
shall not authorize the issuance of a certificate unless it finds
that the use was in full compliance with all relevant regulations
at the time the ordinance was adopted or amended so as to make the
use nonconforming, and that the use was not abandoned for more than
12 consecutive months. The Board's decision shall describe in detail
the nature and extent of the lawful nonconforming use.
B. Notwithstanding anything to the contrary, a certificate of existing
use for any home professional office/home occupation shall not be
transferable by deed, devise, lease, bequest, assignment or conveyance
of any kind by anyone who takes title to the property after January
1, 1985, and shall terminate upon any such attempted transfer.