It is the intent of this article to permit nonconforming lots,
structures, and uses to continue until they are removed, but not to
encourage their survival. Therefore, lots, structures and uses of
land and/or structures which lawfully existed at the time of enactment
of these regulations and which would be prohibited or restricted under
the terms of this chapter may continue, subject to the following provisions.
C.
Nonconforming use. Any use of land, premises, building or structure, legally existing at the time of enactment of this chapter, which is not a permitted use, permitted accessory use or special use as specified in the regulations applicable to the zoning district in which such use is located §§ 200-77 and 200-80).
A.
Construction approved prior to enactment of this chapter. Nothing
contained in this chapter shall require any change in plans, construction
or designation of use of a building for which a building permit has
been heretofore issued and the construction of which shall have been
diligently prosecuted within three months of the date of such permit.
B.
Transference. Rights granted to nonconforming lots, structures and
uses pursuant to this article shall remain with the land when title
is transferred.
C.
No unlawful use of property existing at the time of enactment of
this chapter shall be deemed a nonconforming use; no unlawful structure
existing at the time of enactment of this chapter shall be deemed
a nonconforming structure; no unlawful lot existing at the time of
enactment of this chapter shall be deemed a nonconforming lot.
D.
District changes, ordinance amendments. Whenever the boundaries of
a zoning district are changed so as to transfer an area from one district
to another district of a different classification, or whenever the
text of this chapter is changed, the provisions of this article shall
also apply to any use, structure or lot made nonconforming by district
change or chapter amendment.
E.
Existing special uses deemed conforming. Any use lawfully existing
at the time of enactment of this chapter, in the zoning district in
which such use is classified herein as a special use, shall, without
further action, be deemed a conforming use, provided any extensions
of or addition to such use shall require a special use permit and,
if applicable, site plan review.
A.
On any lot nonconforming because of insufficient width, side yard
requirements shall be reduced in accordance with the following standards:
|
Width of Lot At Front Yard Setback Line
(feet)
|
Minimum Side Yard Width
|
|---|---|
|
Less than 55
|
5
|
|
55 but less than 65
|
8
|
|
65 but less than 75
|
10
|
|
75 but less than 85
|
12
|
|
85 but less than 100
|
15
|
|
More than 100
|
20
|
B.
Depth or area. On any lot nonconforming because of insufficient depth
or area (acreage), front setback requirements shall not apply for
additions to existing buildings located on such lots, provided such
additions shall not exceed the present front line of the main structure
if such main structure is located closer to the front property line
than would be permitted by this chapter.
C.
Subdivision. A nonconforming lot may be subdivided if every part
of such lot is purchased by the owners of adjoining properties to
increase the dimensions of such adjoining properties. Otherwise, the
dimensions of a nonconforming lot may not be reduced.
A.
Nonconforming structures may be enlarged or altered, provided construction
will not result in the increase of any nonconformity in height, setback,
lot coverage or other dimensional requirement; all new construction
shall conform to height, setback, size, lot coverage and other applicable
dimensional requirements.
B.
Nothing in this article shall prevent normal maintenance and repair
of any nonconforming building or structure.
C.
No nonconforming structure shall be moved to another location where
such building or structure would also be nonconforming.
D.
Any nonconforming structure may be restored or reconstructed after
being destroyed or damaged by fire, accident or other act of God,
provided that the restoration or reconstruction is started within
12 months and completed within 18 months after such damage is incurred.
A.
Nonconforming use of land. Where no building is involved, the nonconforming
use of land may be continued; provided, however:
(1)
That no such nonconforming use shall be enlarged or increased, nor
shall it be extended to occupy a greater area of land than that lawfully
occupied by such use at the time of the enactment of this chapter,
unless specifically allowed by other provisions hereof.
(2)
That no such nonconforming use be moved in whole or in part to any
other portion of the lot or parcel of land lawfully occupied by such
nonconforming use at the time of enactment of this chapter.
(3)
That, if such nonconforming use of land or any portion thereof ceases
for any reason for any continuous period of more than one year, or
is changed to a conforming use, any future use of the land shall be
in conformity with the provisions of this chapter.
(4)
That no nonconforming use of land shall be changed to another nonconforming
use.
B.
Nonconforming use of structures. No building or structure used for a nonconforming use shall be enlarged, extended or moved nor additional structures allowed; however, the Zoning Board of Appeals may grant a special use permit allowing a building or structure containing the nonconforming use to be enlarged or an additional structure to be constructed to an extent not exceeding 25% of the gross floor area of the existing building or buildings devoted to a nonconforming use at the time of enactment of this chapter. The Board shall apply the standards of Subsection D below.
C.
Once changed to a conforming use, the use of any structure shall not be permitted to revert to a nonconforming use; however, the Zoning Board of Appeals may grant a special use permit allowing nonconforming use of a structure to be changed to another nonconforming use. The Board shall apply the standard of Subsection D below.
D.
In granting special use permits for changes permitted in Subsections B and C, the Zoning Board of Appeals shall find the following:
(1)
The procedural requirements of Article VI, § 200-65, and, if applicable, Article VII, Site Plan Review, have been met. (Note: The Zoning Board of Appeals shall act as the administrative agent responsible for holding hearings and carrying out the procedural requirements for these special use permits.)
(2)
The applicant has shown that the proposed change will be no more
objectionable in external effects than the existing nonconforming
use with respect to:
E.
Maintenance and repair work as is required to keep a structure housing
a nonconforming use in sound condition shall be permitted.
F.
Any nonconforming use may be extended throughout any parts of the
building which were manifestly arranged or designed for such use at
the time of enactment of this chapter.
G.
Whenever a nonconforming use of a structure has been discontinued
for a period of one year, such use shall not thereafter be reestablished,
and any future use shall be conforming to the provisions of this chapter.
Discontinuance necessary pending action by probate court shall not
be counted as part of the one-year period.
H.
If a building or structure or part thereof containing a nonconforming
use has been damaged or partially destroyed by any cause, it may not
be reconstructed or restored unless reconstruction or restoration
plans are submitted to the Zoning Board of Appeals for approval within
12 months of said destruction damage. Such nonconforming use shall
be reconstructed or restored with the same or less floor area and
cubic content, and with the same or improved site layout as that of
the original structure. This subsection shall only apply if the damage
exceeds 33% of the value of the structure at the time of damage.
Existing mobile homes that, for whatever reason, are to be replaced
on the same lot and/or on the same site shall only be replaced with
a mobile home meeting the requirements of this chapter and the construction
standards of the New York State Uniform Fire and Building Code.
