A.
A use, building, or structure lawfully in existence as of the effective
date of this chapter and nonconforming with it or any subsequent amendment
may be continued, except as otherwise provided herein with respect
to specific uses. Upon request, the Building Inspector may issue certificates
of nonconformance to owners or operators of bona fide nonconforming
uses, buildings, or structures who desire confirmation of their rights
hereunder.
B.
It is the purpose of this article to limit the injurious impact of
nonconforming uses, buildings, lots, and structures on other adjacent
properties within a particular district and the community as a whole,
while recognizing that alterations, continuations, and extensions
of nonconforming uses, buildings, or structures may not be contrary
to the public interest or the general purpose of this chapter, when
failure to allow such alteration, continuation or extension would
itself lead to neighborhood or district deterioration.
C.
It is further the purpose of this article to set forth those standards
which are to be applied by the Town in determining the reasonableness
of proposals to alter, continue or extend a nonconforming use and
to establish when Town review and approval shall be required for such
actions.
D.
The protections extended by this article to existing nonconforming
uses, buildings, lots, or structures, commonly known as "grandfathering,"
shall not extend to any nonconforming activity occurring subsequent
to the effective date of this chapter, as amended.
A.
Normal maintenance and repair activities, such as painting, replacing
a roof, or fixing gutters, shall be permitted. Also permitted are
alterations, such as adding or removing windows, and interior renovations
that do not structurally alter buildings, add living areas or result
in extended or increased nonconforming use of a building, lot, or
structure.
B.
Increases in outside storage or display of retail or wholesale inventory,
which in the ordinary course of business would be sold within one
year, shall be permitted, providing they do not eliminate parking
spaces, unoccupied open spaces, or accesses required by this chapter.
Notwithstanding this provision, however, the Planning Board, in reviewing
any special use application for expansion or upon determining, with
respect to any present use, that a condition exists which requires
remedies, may establish limits on such storage or display or require
removal of inventory (altogether or to another location on the site)
to preserve adequate sight distances and residential buffers or otherwise
protect public health, safety, and welfare.
A.
If less than 75% of the floor area of any nonconforming use, building,
or structure is damaged, it may be restored or reconstructed by building
permit issued within 12 months of the date of the damage. If more
than 75% is affected, then the replacement or reconstruction shall
be permitted by special use permit. Single-family dwellings shall
be exempt from this requirement, provided a building permit is obtained.
B.
A nonconforming use, building, or structure may be reestablished
within a period of 12 months after it has been discontinued or vacated,
with an extension of up to 12 months allowable where proven necessary
to the Building Inspector.
C.
A nonconforming use, building, or structure shall be considered abandoned
under any one of the following circumstances:
(1)
The intent of the owner to discontinue the use is made obvious by
the posting of signs, boarding up of windows, failure to pay taxes
or assessments or other measures which demonstrate the enterprise
is going out of business or the use is otherwise ending.
(2)
The building has not been occupied for 12 months or more.
(3)
The nonconforming use has been replaced by a conforming use or changed
to another use under permit from the Town.
(4)
The equipment and furnishings used in furtherance of the nonconforming
use have been removed from the premises.
D.
The Building Inspector, on determining these circumstances exist,
shall, by certified mail, so notify the property owner of record,
informing the owner the use is considered abandoned and may not be
reestablished once a period of 12 additional months has expired. If
an owner cannot be reached through the mail, the Building Inspector
shall publish the notice once in a newspaper of general circulation
in the Town and/or post the property and the owner shall be presumed
to have been notified.
Excepting for activities provided for in § 230-41C above and accessory uses, all changes and additions to nonconforming uses shall be considered special uses; and permits for alterations, changes in use, or additions shall be granted only after a determination by the Planning Board that the following conditions have been, or will be, satisfied:
B.
Where the nonconforming activity is one which necessarily results
in the storage of large quantities of material, supplies or products
outside (such as a lumberyard), the Planning Board may require dense
evergreen screening sufficient to shield all such materials from the
view of adjacent landowners and/or the traveling public.
C.
No addition, change, or expansion of a nonconforming use shall further
violate setback and/or height regulations of the district in which
it is located. Moreover, no change of use shall be to one of a more-intensive
classification (e.g., one with more employees, more traffic, more
parking). A nonconforming retail enterprise could be converted to
a barbershop, for example, but not to an industrial use.
D.
There shall be no increase in the amount of stormwater runoff for
the site over what was existing as of the date of the enactment of
this chapter. The USDA Soil Conservation Service, a professional engineer,
NYSDEC, or other appropriate professional may be relied upon to recommend
appropriate measures to control stormwater runoff. Such measures shall
be attached as conditions of approval by the Planning Board.
E.
In no case will a change, addition, or extension of a nonconforming
use be allowed which would result in a traffic increase that would
decrease the level of service for the highway, the diversion of traffic
closer to a nearby residence or a reduction of any of the parking
and unloading requirements of this chapter where additional parking
or loading would otherwise be required due to the change, addition,
or expansion. If the total number of parking spaces for the site is
to be increased more than 25% over those available as of the date
of this chapter, the Planning Board may require vegetative screening
of the parking area from nearby residential areas.
F.
The use may only be expanded or extended onto another property of
record if that property is immediately adjacent to the lot on which
the original structure or use was located as of the effective date
of this chapter, or amendments hereto, and the use is not one which
has been altogether prohibited as a new use under this chapter.
G.
Should the use proposed for expansion or extension be one which is
specifically prohibited as a new use in the Town or is determined
by the Planning Board to be one similar to such a use or of such a
nature as to impose health, safety, or welfare concerns which cannot
be satisfied by the imposition of the conditions permitted under this
chapter, the requested expansion or extension shall be denied.
A structure may be erected on any existing lot of record, providing
the owner does not own adjoining property; no front yard is reduced
in size and no side yard is reduced to less than 50% of the requirement
for the district in which it is located or 20 feet, whichever is greater;
and a sewage disposal system meeting New York State standards, including
well and septic isolation distances, can be placed on the lot should
public facilities be unavailable.
