A.
It is the policy of the Town of Fallsburg to provide for the limited
continuation of nonconformities where, of themselves, such nonconformities
do not endanger the public health, safety and welfare or do not conflict
with the Town's Comprehensive Plan. Additionally, it is the intent
of the Town of Fallsburg not to allow for the expansion of existing
bungalow colonies other than in the limited instances outlined below.
The following nonconformities are viewed as a detriment to the public
interest, and are as follows:
(2)
Nonconforming junkyards, garbage dumps, open storage yards,
mobile homes and unimproved parking areas.
(3)
Nonconforming signs in residential districts.
(4)
Nonconforming signs in other districts.
(5)
Nonconforming uses in all districts.
(6)
Building not in compliance with bulk regulations in all districts.
(7)
Uses or buildings not in compliance with supplementary regulations,
other than performance standards.
(8)
Residential uses which are nonconforming uses for the district
in which located.
(9)
Nonconforming vacant lots of record.
B.
Each of the classifications shall be subject to the nonconforming
use regulations herein. Where the circumstances exist that multiple
nonconforming classes exist for a single lot, development, use or
building, each of the classes shall be treated individually as set
forth in these regulations, but their determent as a nonconforming
use shall be considered. Example: The nonconforming use of a junkyard,
in violation of performance standards and with a nonconforming sign
in a residential district, shall be subject to the regulation as follows:
regulation of performance standard nonconformities; for violation
of performance standards; regulation of junkyards for the junkyard
use; and regulation of nonconforming signs, for the subject sign.
A.
It is the intent of the Town Board and it is hereby declared that failure to comply with the performance standards represents an imminent hazard to the public health, welfare and safety and the Comprehensive Plan (adopted by the Town Board October 10, 2006) of the Town. Notwithstanding any other provision of this chapter, operations or uses which violate the provisions of § 310-5.19 shall be terminated or brought into compliance with those regulations within two weeks of notice of such nonconformity.
B.
In hearing any appeal from the provisions of this article, the Board of Appeals may grant relief from these provisions only upon a showing by the applicant that the violation will not present an imminent hazard to human life, the public health, and safety, in addition to those requirements set forth in Article XI, Enforcement. Any variance in the time for correction of the violation shall be the minimum, consistent with the intent of these regulations.
A.
For the definition of "nonconforming use" see § 310-2.2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
B.
Applicability. The following provisions shall apply to all uses existing
on the effective date of the amendment of this chapter which do not
conform to the use regulations set forth herein and to all uses that
become nonconforming by reason of any subsequent amendment.
C.
Any residential use of property containing one residential-use structure which is located in a district in which the use is nonconforming shall be exempt from the provisions of § 310-9.3B. A building containing a nonconforming residential use may be altered in any way to improve livability; however, no structural alterations shall be made which would increase the number of dwelling units. Residential properties containing more than one nonconforming use or structure that (or where owners of residential properties) wish to alter or improve livability of the dwelling as described above, shall be required to request a variance from the Zoning Board of Appeals and approvals of site plan through the Planning Board, if granted the required variance.
D.
Nonconforming uses (nonresidential). Nonconforming uses, other than
residences, of buildings or open land may be continued indefinitely
but:
(1)
Shall not be enlarged, altered, extended, reconstructed, restored
or placed on a different portion of the lot or parcel of land occupied
by such uses on the effective date of this chapter, nor shall any
external evidence of such uses be increased by any means whatsoever.
(2)
Shall not be moved to another location where such use would
be nonconforming.
(3)
Shall not be extended to displace a conforming use.
(4)
Shall not be changed to another nonconforming use without approval
by the Board of Appeals, subject to a public hearing.
(5)
If a building that contains a nonconforming use is damaged for
any reason to an extent of 50% or less of the replacement cost of
the building or structure, exclusive of land and foundation, it may
be repaired, restored, reconstructed or used as before but not enlarged.
The floor area of such use, building or structure shall not exceed
the floor area which existed prior to such damage. All repairs shall
be completed within two years after damages occur, or such use shall
not be rebuilt except as a conforming use. Any building that contains
a nonconforming use that is damaged to an extent greater than 50%
shall be used and constructed in compliance with the regulations contained
in this chapter in accordance with the use and bulk requirements applicable
to the district in which it is located.
E.
Nonconforming commercial uses may be extended up to but not exceeding
an increase of 50% in floor area with no height increase, subject
to site plan approval by the Planning Board. The 50% addition shall
apply to the floor area occupancy at the time this chapter is adopted.
The expanded nonconforming commercial use shall comply with the area,
yard, height and other regulations of the district in which the use
is located. The Planning Board, in carrying out the provisions of
this article, may impose reasonable conditions set forth in writing,
to gradually bring preexisting development for which expansion is
proposed into closer conformance with the standards of the district
in which the use is located as is necessary to protect the public
health, safety and general welfare and, more specifically, the safety
of access, the location of refuse containers, appearance and size
of signs, lights, number and arrangement of parking spaces, and dissemination
of noxious odors, dust or other hazardous pollutants.
F.
Nonconforming bungalow colony.
(1)
It is the intent of the Town of Fallsburg to not promote the
expansion of bungalow colonies. In accordance with this chapter, existing
bungalow colonies shall be deemed nonconforming uses in all zoning
districts. Normal maintenance and repair of "bungalow units" (defined
as a building with one rental unit, regardless of the number of bedrooms)
and accessory structures within a bungalow colony shall be permitted
subject to the approval of the Code Enforcement Officer. Those existing
bungalow colonies with lot coverage of less than 15% may also be expanded
subject to the following limitations:
(a)
Existing bungalow units may be replaced in kind with a new unit
on the same building footprint, provided that all applicable building
separation requirements contained in the bulk table of the Zoning
Chapter[1] of the zoning district can be provided or § 310-4.3G, whichever is more strict; regardless of whether they are over the max lot coverage of 15%. Should separation requirements not be met, then the required fire separation of a two-hour fire assembly shall be constructed for the exterior walls that do not meet this requirement.
[Amended 7-13-2020 by L.L. No. 8-2020]
[1]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
(b)
The floor area of existing bungalow units may be allowed to
increase no more than 25% of its footprint in 2007, and there shall
be no increase in height of a unit, except to install a pitched roof,
provided no additional habitable space is created and all building
height requirements are otherwise met. All applicable building separation
requirements shall be met that are contained in the bulk table of
the Zoning Chapter[2] or § 310-4.3G, whichever is more strict. This shall include adding of decks, dens, study areas, bedrooms and any other rooms or structures.
[2]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
(c)
Each building must meet the pertinent standards of the New York
State Uniform Fire Prevention and Building Code.
(d)
The proposed addition to a bungalow unit or units shall not
result in a total lot coverage exceeding 15% of the bungalow colony
site.
(e)
When determining the total lot coverage, the applicant shall
demonstrate that it is using the original lot of the bungalow colony
and not using any additional lots or acreage that have been purchased
by the bungalow colony, bungalow association, condo association, bungalow
property owner or any other person or entity.
(2)
Should the existing bungalow colony be razed, any subsequent
development must fully comply with the applicable area, yard, height
and other bulk and use regulations of the district in which the property
is located.
G.
Nonconforming sleepaway or day camps.
(1)
It is the intent of the Town of Fallsburg to facilitate renovations and improvements at legally existing, nonconforming sleepaway camps and day camps in ways that do not increase their nonconformity, and through procedures that are simple and straightforward. In accordance with this chapter, structures at legally existing sleepaway or day camps that do not meet the standards required in § 310-6.3P or Q, respectively, may undergo normal maintenance and repairs, subject to the approval of the Code Enforcement Officer. Changes or alterations other than normal maintenance and repairs shall require a site plan review.
(a)
Existing structures at legally nonconforming sleepaway or day
camps may be replaced in kind with a new structure on the same building
footprint, provided that all applicable building separation requirements
contained in the bulk table of the Zoning Chapter[3] of the zoning district can be provided, or the requirements of § 310-4.3G, whichever is more strict. Should separation requirements not be met, per ISO standards, then the required fire separation of a two-hour fire wall shall be constructed for the exterior walls that do not meet this requirement.
[Amended 7-13-2020 by L.L. No. 8-2020]
[3]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
(b)
The floor area of an existing sleepaway or day camp building
may be allowed to increase within its existing footprint, but in no
event shall increase the floor area in existence in the building on
April 1, 2018, by more than 25%. There shall be no increase in the
height of a building, except to install a pitched roof, provided all
building height requirements are otherwise met.
(c)
Each building must meet the pertinent standards of the New York
State Uniform Fire Prevention and Building Code.
(d)
Should the existing legally nonconforming sleepaway or day camp be razed, any subsequent camp development must fully comply with the applicable area, yard, height and other bulk and use regulations of the district in which the property is located, as well as the requirements of § 310-6.3P or Q, respectively.
(e)
Should an existing legally, nonconforming sleepaway or day camp
wish to make an application to convert to a retreat use, it may do
so without the need for obtaining a use or area variance, if the following
conditions are met:
[1]
Each building designed for occupancy must be upgraded to meet
the pertinent standards of the New York State Uniform Fire Prevention
and Building Code to be utilized year-round.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
For the definition of "nonconforming building" see § 310-2.2. Nonconforming buildings may be continued, repaired, structurally altered, moved, reconstructed or enlarged, provided that such action does not increase the degree of or create any new nonconformity to district bulk regulations. The following rules shall apply to repairs of nonconforming structures:
A.
Normal maintenance repair or incidental alteration of a structure
containing a nonconforming use or possessing nonconforming bulk is
permitted, provided that it does not increase the degree of nonconforming
use or nonconforming bulk. If a building possessing nonconforming
bulk is damaged for any reason to an extent of 50% or less of the
replacement cost of the building or structure, exclusive of land and
foundation, it may be repaired, restored, reconstructed or used as
before but not enlarged. The floor area of such use, building or structure
shall not exceed the floor area which existed prior to such damage.
B.
All repairs shall be completed within two years after damages occur,
or such use shall not be rebuilt except as a conforming use. Any building
possessing nonconforming bulk that is damaged to an extent greater
than 50% shall be constructed in compliance with the regulations contained
in this chapter in accordance with the use and bulk requirements applicable
to the district in which it is located.
A.
Notwithstanding the limitations imposed by any other provisions of
this chapter, the Code Enforcement Officer may issue a building permit
for the construction of a residential building or structure on a lot,
which does not meet the minimum area, width or yard requirements of
this chapter, provided such substandard lot was on record in the office
of the County Clerk prior to the enactment or subsequent amendment
of this chapter and met the minimum area width or yard requirements
of this chapter at the time it was recorded, prior to the enactment
or amendment of this chapter.
B.
Any such substandard lot must conform to and comply with all New
York State Health Department requirements, and certification of such
compliance by a licensed engineer is mandatory. Adjacent substandard
lots in the same ownership must be combined by the making and recording
of a single deed in order to meet the minimum lot size to the greatest
possible extent. An exception to the minimum lot size shall be made
in cases where self-contained sewage systems which meet New York State
Health Department standards are installed, permitted and operating,
prior to the enactment or amendment causing the lot to become substandard,
and provided there is no improperly treated sewage flow into the ground
or water.
Conversion of a one-family seasonal unit on its own lot shall be allowed, provided the entire dwelling is fully compliant with all New York State building codes, New York State energy codes and all local municipal requirements of the Department of Public Works. Conversion of a bungalow colony to year-round use shall be prohibited except as may be allowed as per § 310-9.3F.
Any use lawfully existing at the time of adoption of these regulations or of any amendment thereto, in the district in which such use is classified herein as a special use, shall, without further action, be deemed a conforming use in such district. An extension of or addition to such use shall require special use permit approval and shall meet all the requirements for special uses contained in Article VI of this chapter.
The discontinuance of a nonconforming use for a period of two
years and/or the change of use to a more restricted or conforming
use for any period of time shall be considered an abandonment thereof,
and such nonconforming use shall not thereafter be revived. Intent
to resume a nonconforming use shall not confer the right to do so.
