Town of Union, NY Article 64 Nonconforming Uses

§ 300-64.1 Purpose.

Within the districts established by this chapter or amendments, there exist lots, buildings, uses of land and characteristics of use which were lawful before this chapter or amendments were passed but which would be prohibited, regulated or restricted under terms of this chapter or future amendments. Regulations for the continuance, maintenance, repair, restoration and discontinuance of nonconforming lots, buildings, land and uses are established for the following purposes:

A. To permit these nonconformities to continue, but to minimize any adverse effect on adjoining properties and development.

B. To regulate their maintenance and repair.

C. To restrict their rebuilding if substantially destroyed.

D. To require their permanent discontinuance if not operated for certain periods.

E. To require conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the Future Land Use Plan and this chapter.

§ 300-64.2 Exceptions.

Normal maintenance and repair, structural alteration in and reconstruction or enlargement of a building with nonconforming bulk are permitted, as well as new construction on the lot, if the same does not increase the degree of or create any new nonconforming bulk in such building.

§ 300-64.3 General provisions.

A. Repair and alteration. Normal maintenance and repair of and incidental alteration to a building occupied by a nonconforming use are permitted if they do not extend the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection B or in a building occupied by a nonconforming use permitted to extend under Subsection C.

B. Change of use. A nonconforming use may not be changed to a more intensive nonconforming use nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use. A nonconforming use, building or structure shall not be enlarged except upon the issuance of a variance from the Zoning Board of Appeals.

C. Extension or enlargement of nonconforming use. Extension or enlargement shall mean:

(1) The enlargement of such building so as to create additional floor space.

(2) The extension within any existing building to any portion of the floor area not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.

(3) The extension of the use to any area outside of the building.

(4) In the case of a nonconforming, nonbuilding land use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter.

(5) To the extent the district bulk requirements permit, upon the approval of the Zoning Board of Appeals, a nonconforming use may be extended to, but not exceed, an increase of 50% of its floor area or of its land area occupancy of a nonbuilding use. However, this provision may be used only once for each such use and in no event may be applied to signs or to increase the number of units in a multifamily building.

(6) An accessory building(s) to a legally existing nonconforming residential use, in a nonresidential zoning district, is permitted by right, provided that the accessory building(s) meets the minimum side/rear yard requirement for the district in which the property is located and provided that the accessory building complies with all other requirements for such buildings.

D. Damage and destruction. If a nonconforming building is damaged to the extent of 50% or more of its assessed valuation, excluding the full value of the land, as determined by the Town Assessor, such building may be repaired, provided that substantial work is undertaken within one year after such damage. Repair is not considered to be the removal of the entire building excluding/including the foundation. This provision shall not prevent the repair of a nonconforming building damaged to the extent of less than 50% of its assessed value.

[Amended 3-16-2016 by L.L. No. 2-2016]

E. Discontinuance or abandoning of use. A nonconforming use or building discontinued or abandoned for 12 consecutive months shall not, thereafter, be used or occupied except in conformance with the regulations of the district in which it is located. Discontinuance of the active and continuous operation of a nonconforming use, or a part or portion thereof, for a period of 12 consecutive months is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of intent not to abandon same or of intent to resume active operations. Actual abandonment is evidenced by the removal of buildings, structures, machinery, equipment and other evidence of such nonconforming use of the land and premises.

F. Nonconforming parking, loading, and stacking facilities. A building, use or occupancy lawfully existing at the time this chapter or any amendment thereto becomes effective, but which does not conform to the off-street parking, loading and stacking requirements, may be occupied or continued without such facilities being provided. Any such spaces that may be provided thereafter shall comply with the requirements of Article 51. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking, loading and stacking spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of Article 51.

G. Nonconforming lots. No parcel or lot, after the adoption of this chapter or amendment thereto, shall be used or divided in a manner which prevents or diminishes compliance with the requirements established by this chapter or amendments thereto. Lots subdivided prior to the adoption of this chapter or any amendment and not meeting the minimum lot size requirements may be built upon, provided that the bulk requirements for any use within the district are met except as provided in this chapter.