Town of LeRay, NY Article XIX Nonconformities

§ 158-133 Intent.

The intent of this section is to recognize certain uses, lots of record and structures which legally existed at the time of enactment of this chapter and which would be prohibited or unreasonably restricted by the provisions, regulations, standards or procedures herein. This section shall not, however, be construed to perpetuate or encourage the survival or expansion of such uses, lots or structures.

§ 158-134 Nonconforming uses.

Any use of land or structures which by the enactment of this chapter is made nonconforming may be continued on the premises and to the extent preexisting, provided that:

A. No nonconforming use shall be expanded, extended, or otherwise increased so as to occupy a greater area of land than was committed to the nonconforming use at the time of such enactment.

B. No nonconforming use shall be extended so as to displace a conforming use.

C. Any nonconforming use of land or structures which has ceased, for any reason, for a continuous period of one year beginning on and prior to the date of adoption of this chapter shall be considered abandoned or discontinued and shall not be reestablished, and only conforming uses shall be thereafter permitted.

D. A nonconforming use of land or structures once changed to a conforming use shall not be permitted to change back to a nonconforming use.

§ 158-135 Nonconforming lots of record.

Any lot of record held under separate ownership prior to the enactment of this chapter and having lot width or lot depth, or both, less than the minimum area requirements set forth in this chapter may be developed with any compatible use listed for the zone in which such nonconforming lot is located without requiring a variance, provided that such lot:

A. Does not adjoin other property held by the same owner where sufficient land could be transferred to eliminate the nonconformity without reducing such other property to nonconforming dimensions; and

B. Has sufficient area, width and depth to undertake development which will:

(1) Maintain the required minimum front setback;

(2) Meet or exceed at least 2/3 of the required minimum side and rear setbacks;

(3) Not exceed the maximum permitted lot coverage; and

(4) Otherwise satisfies all applicable provisions of this chapter.

§ 158-136 Nonconforming structures.

A. Any preexisting structure which by the enactment of this chapter is made nonconforming may be used for any compatible use listed for the district in which such structure is located, provided that it shall not be enlarged or extended so as to increase its nonconformance in terms of setback or lot coverage.

B. Nothing under the provisions of this chapter shall prevent the repair, restoration or reconstruction of a nonconforming structure damaged by fire or other hazard, provided that:

(1) Its owner or owners can demonstrate that construction, erection or location of a conforming structure is either:

(a) Physically impractical due to the size, configuration or condition of the lot; or

(b) A severe economic hardship; and

(2) Such repair, restoration or reconstruction is undertaken:

(a) Only on the premises and to the extent previously occupied by the nonconforming structure; and

(b) Within one year from the date on which the damage or destruction occurred.

C. Should a nonconforming structure be moved any distance for any reason, such structure shall conform to the requirements of the district into which it is moved.