Any lawful building, structure or use of premises existing at
the time of enactment of this chapter or any subsequent amendment
thereof applying to such building, structure or use of premises, may
be continued although such building, structure or use of premises
does not conform to the provisions thereof, except as follows:
A. Any sign which was nonconforming on May 27, 1969, the date of enactment
of the ordinance from which this chapter is derived, shall be removed
or altered so as to conform within three years after such date.
B. Any undeveloped lot in a subdivision which was not properly approved
by the Planning Board and/or not filed in the office of the County
Clerk and whose area and/or depth are less than the specified minimum
lot requirements and average density requirements of this chapter
shall be considered a violation of this chapter.
Any building or land used for or occupied by a nonconforming
use which is changed to or replaced by a conforming use shall not
thereafter be used for or occupied by a nonconforming use. Any nonconforming
use discontinued for one year shall not be reestablished. Subsequent
use of buildings and/or land must conform.
A building or structure of nonconforming use may be repaired
or restored to a safe condition.
[Amended 9-14-2021 by L.L. No. 4-2021]
A. Nothing herein shall prevent the continued use and substantial restoration
and continued use of a nonconforming building or structure. Any nonconforming
building or structure damaged or destroyed by fire, flood, earthquake,
act of God, or act of the public enemy may be repaired, restored or
reconstructed, provided that:
(1) Such repair, restoration or reconstruction is located on, and no
larger than, the footprint of the structure prior to its damage or
destruction; and
(2) Such repair, restoration or reconstruction is completed within one
year of the damage; and
(3) The use of the building and the manner in which it was used prior
to the loss is recommenced within one year of the damage.
B. In a case of practical difficulty or unnecessary hardship, the Zoning
Board of Appeals may extend the time limits set forth above, provided
that an application for an extension shall be brought no later than
six months after the expiration of the one-year time period, or six
months after the expiration of any previously granted extension.
C. Alterations
and additions to a pre-existing nonconforming structure shall be allowed
if they do not increase the nonconformity that exists.
D. A residence
may add common residential accessory structures to the lot, such as
decks, sheds, swimming pools and additions, as long as they comply
with the zoning requirements of the district and applicable residential
district requirements.
A nonconforming use of a building, structure or land may be
changed to another nonconforming use more nearly conforming to the
requirements of the district in which it is situated. However, no
building in which a nonconforming use has been changed to a more restricted
use shall again be devoted to a less restricted use. Determination
shall be made by the Zoning Board of Appeals after review by the Planning
Board.
Any building or structure for which construction was begun prior
to the effective date of this chapter, or any subsequent amendment
thereof applying, may be completed and used in accordance with the
plans and specifications for such building or structure.
No lot shall be reduced in area so that it creates a nonconforming
lot, bulk or use in violation of any regulations contained in this
chapter.
In accordance with Town Law § 265-a, any lot proposed
for residential use in a subdivision whose plat delineates on one
or more new streets, roads or highways and which said subdivision
plat has been properly approved by the Planning Board and filed in
the office of the County Clerk, prior to any amendment or amendments
to this chapter, and whose area and/or width and/or depth are less
than the specified minimum lot requirements of this chapter, as amended,
for that district shall be considered as complying with such minimum
lot requirements for two years after the filing of the subdivision
plat.