Town of Macedon, NY Article XX Nonconforming Buildings and Uses

§ 300-164 Continuance.

[Amended 6-25-2020 by L.L. No. 3-2020]

Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter or any amendment thereto may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land or building is located. The following provisions shall, however, apply to all nonconforming uses:

A. A nonconforming lot shall not be further reduced in size.

B. A nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

C. A nonconforming use shall not be expanded, except as may be authorized by § 300-167.

D. A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again, except in accordance with these regulations.

E. Where such nonconforming use is upon the land itself and not enclosed within a structure or where such use involves the removal of soil, minerals or the excavation of gravel or rock or other material, such use may be continued upon the land being so used at the time of the adoption hereof. Any such nonconforming use of the land may be extended or expanded to include any part of the plot or parcel of land now being used or held in reserve for future use, provided that such enlargement does not involve the use of any lot acquired or the excavation rights of which were acquired by the excavation operator after the effective date of this chapter. However, such extension or expansion of such nonconforming use shall comply with the setback and fencing requirements of this chapter.

§ 300-165 Certification of nonconformance.

[Amended 6-25-2020 by L.L. No. 3-2020]

A. After the effective date of this chapter or the effective date of an amendment making a use or structure nonconforming, upon the written request of the user of any structure or premises or at the initiation of the Zoning Officer, an examination by the Zoning Officer of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with a certificate of existing nonconforming use, which shall clearly describe the premises and structure, if any, referred to and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be maintained by the Zoning Officer, one copy of which shall be furnished to the Zoning Board of Appeals and one copy to be furnished to the owner or user.

B. No nonconforming building or use allowed to continue according to the provisions of this article shall be maintained, renewed, changed or extended without a certificate of compliance in accordance with § 300-16 of this chapter.

§ 300-166 Conditional continuance of nonconforming mobile home parks.

[Added 10-13-1994 by L.L. No. 10-1994]

A. Applicability. This section shall apply to any mobile home park permitted under § 300-126 of this chapter.

B. Layout and unit placement.

(1) Replacement of any mobile home unit within a park must be separated by a distance of not less than 15 feet from other units on all sides, (or an average of 20 feet along each side front to back), a setback of not less than five feet from any interior roadway and a setback of 25 feet, along with Planning Board approved buffering, from any public highway right-of-way. No mobile home unit will be installed closer than existing setbacks from park boundaries. No replacements will be within 15 feet from any side or rear property line, regardless of existing setbacks of park boundaries. Said requirements shall not, however, impair or effect existing setbacks on any mobile home unit presently on any lot in any mobile home park as of the date of the adoption hereof.

(2) Replacement of any mobile home unit must be done within the parameters of the existing park space and not extend beyond existing park boundaries.

(3) Size of replacement mobile home units shall not be restricted, except as to meet the requirements of this section.

C. Roadways. All interior roads must be a minimum of 18 feet wide.

(1) All park roadways shall be graded, leveled and surfaced as to permit the safe passage of emergency and other vehicles. The maximum speed limit on said roads shall be 15 miles per hour and posted as such.

(2) All private roadways within any mobile home park and all entrances and exits within said park shall be kept free of snow, ice and debris and maintained so as to permit unhampered use of the same by park residents, visitors and emergency vehicles.

D. Mobile home installation.

(1) Each mobile home site shall be provided with a stand which will give a firm base and adequate support for the mobile home unit. According to ANSI A221.1, forty-two-inch frost-free footings shall be required for tie downs, unless not required by manufacture specifications. Any mobile home unit to be installed must be located on an approved park pad shown on the as-built map, required for any permit beginning on or after January 1, 1995.

(2) Any mobile home unit built before June 15, 1976 herein after installed in the Town of Macedon, shall be certified safe by a licensed engineer.

(3) Each unit requires a certificate of occupancy from the Building Department.

(4) At the time of the installation of the mobile home, the unit shall be securely blocked, leveled and connected with existing utility systems and support services.

(5) Any replacement mobile home unit shall be completely skirted within 90 days of occupancy, weather permitting.

(6) Expandable rooms and other extensions to an existing mobile home unit shall comply with applicable federal and state codes relating thereto, shall be bolted on or pre-engineered units only and require approval of the park owner prior to issuance of any building permit.

(7) Any replacement mobile home unit shall have at least one approved set of steps to include a platform and a handrail. Residents at the time of adoption of this section shall have 90 days from occupancy to comply with this requirement.

E. Water supply, sewage and solid waste disposal.

(1) All refuse, garbage and solid waste shall be stored in covered refuse containers. Said containers shall be emptied and the contents properly disposed of by the owner or operator of the mobile home park. The placing or storage of any unsightly materials or unlicensed or unregistered vehicles in the park is prohibited.

(2) Each mobile home unit shall have a water supply connection in accordance with Town and state regulations.

(3) Sewage shall be provided to each mobile home unit in compliance with state regulations.

F. Fuel systems. Every mobile home park occupant shall provide for the safe storage of heating and cooking fuels. All systems shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.

G. Fire protection.

(1) Common areas of any mobile home park shall be kept free of litter, rubbish and other flammable materials by the park owner or operator.

(2) Each lot shall be kept free of litter, rubbish and other flammable materials by the lot occupant. Storage of more than five gallons of flammable materials on any lot shall be prohibited.

H. Accessory buildings.

(1) No accessory building may be erected on any lot unless a building permit therefor has been obtained from the Building Inspector and such structures conforms in all particulars with the requirements of this chapter and the Building Code of the Town of Macedon, as they may be amended from time to time. Permits for such construction or structures will not be issued without the park owner's written approval. No more than one utility building shall be allowed on any one lot, and such building shall not exceed a total of 100 square feet of ground area.

(2) Accessory buildings shall be portable and not within 20 feet of the interior park road or within five feet of any lot line or within 10 feet from any mobile home unit in the mobile home park.

§ 300-167 Expansion of nonconforming uses.

A nonconforming use shall not be expanded, except in conformance with the procedures and regulations specified in this section. In no case shall such expansion extend beyond the lot occupied by such nonconforming use. The expansion of a nonconforming use hereunder shall be subject to a special permit authorized by the Town Board, and each case shall be considered on an individual basis. Application forms for such special permit shall be obtained from the Zoning Officer. The Zoning Officer shall issue a permit to allow the expansion of a preexisting nonconforming use only upon written authorization of the Town Board. The Town Board in considering such special requests shall, at a minimum, address the following potential concerns:

A. Standards applicable to granting a special permit authorizing the expansion of a nonconforming use:

(1) Conditions shall be in place such that the expansion will not be inconsistent with the orderly development of the district in which the use is located in terms of the location and size of the nonconforming use, the nature and intensity of the operations involved in or conducted in connection with it, the size and site in relation to it, the location of the site in relation to it, and the location of the site in respect to streets giving access thereto.

[Amended 6-25-2020 by L.L. No. 3-2020]

(2) Screening or other protective measures shall be adequate to protect any adjacent properties from objectionable aspects of any such expansion of the nonconforming use.

(3) Off-street parking areas shall be of adequate size for the particular use, and access drives shall be laid out so as to achieve maximum safety and minimum inconvenience to adjacent properties.

(4) The Town Board may prescribe any condition that it deems necessary or desirable to aid it in making a determination on the application and to protect the interests of the community and adjacent properties.

B. Public hearing:

(1) Before authorizing a special permit to expand a nonconforming use, the Town Board shall give public notice and hold a public hearing on the application for such permit in the same manner as required by law for amendments to this chapter.

(2) Prior to such public hearing, the application shall be referred to the Town Planning Board for report and recommendation. The Planning Board shall have 45 days after said referral to state its position relative to the proposed permit application. The Town Board shall hold such public hearing at the earliest possible date following the forty-five-day referral period and may take action on the proposal as it deems appropriate.

C. Limitations. A special permit authorizing the expansion of a nonconforming use shall be deemed to authorize only the particular use or uses specified in the permit and shall apply only to the area specified in the permit. A special permit issued under this section shall expire within six months from the date of issuance if the nonconforming use is not expanded or enlarged.

§ 300-168 Abandonment.

In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use or part of portion thereof for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed and all rights to reestablish or continue such nonconforming use shall thereupon terminate.

§ 300-169 Restoration.

A. Any nonconforming building damaged by fire or other unintentional causes shall not be repaired or rebuilt, except in conformance with this chapter. In the case of a permitted restoration of a nonconforming use, such restoration shall not increase the degree of nonconformance.

[Amended 6-25-2020 by L.L. No. 3-2020]

B. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall or roof which has been declared unsafe by the Zoning Officer.

C. Normal maintenance, repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.

D. Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.

§ 300-170 District changes.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

§ 300-171 Construction approval prior to adoption of this chapter.

Nothing herein contained shall require any change in plans, construction or designated use of a building complying with existing laws, a permit for which had been duly granted before the date of adoption of this chapter or any applicable amendment thereto.