A use, building or structure lawfully in existence at the effective
date of this chapter which shall be made nonconforming at the passage
of this chapter or any applicable amendment thereto may be continued
except as otherwise provided in this article. The Zoning Board of
Appeals and/or Building Department cannot waive the requirements of
Appendix 75-A, Wastewater Treatment Standards, as promulgated by the
NYSDOH, or the New York State Uniform Fire Prevention and Building
Code that are governed by preemptive state law.
A.
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 enlarged to displace a conforming use.
(4)
Shall not be changed to another nonconforming use without approval
by the Zoning Board of Appeals, subject to a public hearing.
(5)
Damage to building.
(a)
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 gross floor area of such use, building or structure shall not
exceed the floor area that 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.
(b)
Any building that contains a nonconforming use that is damaged
to an extent greater than 50% of the replacement cost of the building
or structure, exclusive of land and foundation, shall be used and
constructed in compliance with the regulations contained in this chapter
and in accordance with the use and bulk requirements applicable to
the district in which it is located.
B.
Nonconforming residential uses. Any residential use located in a district in which such use is nonconforming shall be exempt from the provisions of § 199-51A. Such use may continue as a use permitted by right, provided that it shall comply with the bulk and lot area regulations of the most-restrictive district in Schedule I[1] in which the use would be conforming as to bulk on the effective date of this chapter. A building containing a nonconforming residential use may be altered in any way to improve interior livability; however, no structural alterations shall be made that would increase the number of bedrooms or dwelling units. Refer to § 199-54 for dwellings on nonconforming residential lots.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
C.
Noncomplying buildings.
(1)
Noncomplying 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.
(2)
If a building possessing noncomplying 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 that 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 possessing noncomplying bulk
that is damaged to an extent greater than 50% shall be constructed
in compliance with the regulations contained in this chapter and in
accordance with the use and bulk requirements applicable to the district
in which it is located.
D.
Repairs. Normal maintenance, repair or incidental alteration of a
structure containing a nonconforming use or possessing noncomplying
bulk is permitted, provided that it does not increase the degree of
nonconforming use or noncomplying bulk and involves nonstructural
alterations that do not require a building permit pursuant to New
York State Town Law.
E.
Preexisting uses made special permit uses. 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 must meet all requirements for special uses contained in Article V of this chapter.
F.
Prior approval. Nothing contained herein shall require any change
in the plans, construction or designated use of a building complying
with existing laws, a building permit for which shall have been obtained
before the date of adoption of this chapter or any applicable amendment
thereto, and the ground-story framework of which, including the second
tier of beams, shall have been completed within six months of the
date of the permit, and which entire building shall have been completed
according to such plans as have been filed within one year of the
date of adoption of this chapter or any applicable amendment thereto.
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. This section does not apply to residential lots falling within the provisions under § 199-54.
Where two or more contiguous lots, or combination of contiguous lots, are under single ownership at or after the adoption of this chapter, and if all or part of the lots do not meet the required bulk provisions for lots within the zone in which the lots are located, they shall be considered to be an undivided parcel for the purposes of this chapter. Such contiguous lots or groups of nonconforming lots may be resubdivided into new lots where each new lot conforms to the standards of the district in which they are located or may be added to adjoining properties to increase size of said owner's or owners' property or properties; they may not, however, be built upon as separate and individual nonconforming lots. Where the combination of contiguous lots or transfer of a portion of a nonconforming lot to an adjoining property results in a lot whose area or width is still less than the specified minimum lot requirement of this chapter for the district in which it is located, the provisions of § 199-54 shall apply.
Notwithstanding the limitations imposed by any other provision
of this chapter, any lot held in single and separate ownership prior
to the adoption of this chapter or any lot which was part of a subdivision
or part of a section of a subdivision that received final approval
of the Planning Board of the Town of Mamakating and was filed in the
office of the Clerk of Sullivan County prior to the adoption of this
chapter that is located in a zoning district that allows residential
uses and whose area or width is less than the specified minimum lot
requirement for the district in which it is located may be used by
right provided that:
A.
Such lot does not adjoin any other lot or lots held by the same owner
whose aggregate area is equal to or greater than the minimum lot area
required for that district.
B.
Such lot has an area of at least 8,000 square feet, complies with § 199-54G and has a minimum lot width of at least 50 feet if it is to be used for residential purposes.
C.
The following minimum yard dimensions shall be maintained for residences:
|
For Lots With Width
(feet)
|
Minimum Side Yard
(feet)
|
Total Both Side Yards
(feet)
|
Required Front Yard
|
Required Rear Yard
|
|---|---|---|---|---|
|
100 or greater
|
20
|
50
|
30% of average lot depth, but no greater than required in zone
|
20% of average lot depth, but no greater than required in zone
|
|
80 to 99
|
12
|
30
| ||
|
50 to 79
|
10
|
25
|
D.
The maximum development coverage permitted on a nonconforming lot
shall be 35%.
E.
All other bulk requirements for that district are complied with,
including building height and number of stories.
F.
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
G.
In addition to the requirements contained in § 199-54A through F above, the applicant must demonstrate that the lot is suitable for residential construction, including water availability and quality (in accordance with NYSDOH Administration Rules and Regulations, 10 NYCRR Part 5, Appendix 5-B, Standards for Water Wells) and suitable sewage disposal (in compliance with Appendix 75-A, Wastewater Treatment Standards, as promulgated by the NYSDEC) and appropriate drainage as certified by a licensed professional engineer in the State of New York. The Building Department shall not issue a building permit unless this condition is satisfied.
A.
Nonconforming residential subdivisions. Any residential subdivision
within the IO, LIO, or IC Zoning District that was approved and filed
with the Sullivan County Clerk's office prior to the adoption
of this chapter shall be exempt from the use and bulk provisions of
these districts in which residential uses are prohibited. The residential
lots within an approved subdivision as described herein may be developed
for residential purposes as of right, provided the following standards
are met:
(1)
Subdivision filing. The residential subdivision was approved
by the Planning Board and filed with the Sullivan County Clerk's
office prior to the effective date of this chapter.
(2)
Residential lot. Each residential lot within the residential
subdivision was granted New York State Department of Health approval
for its water and sewage systems prior to the effective date of this
chapter.
The conversion of a seasonal dwelling on conforming lot to year-round
use shall be considered a change of use, and no seasonal dwelling
shall be occupied on a year-round basis unless the following standards
are met:
A.
The applicant obtains a building permit to make improvements to the
seasonal dwelling unit to ensure that it meets the pertinent standards
of the Existing Building Code for New York State and the Uniform Fire
Prevention Code.
B.
The applicant must demonstrate that the lot is suitable to accommodate
a year-round residence, including water availability and quality (in
accordance with NYSDOH Administration Rules and Regulations, 10 NYCRR
Part 5, Appendix 5-B, Standards for Water Wells) and suitable sewage
disposal (in compliance with Appendix 75-A, Wastewater Treatment Standards,
as promulgated by the NYSDOH, including all recommended or required
separation distances), water availability and quality in addition
to appropriate drainage as not to impact any adjoining parcels as
certified by a licensed professional engineer in the State of New
York.
C.
Subject to § 199-54.2B, the Building Inspector of the Town of Mamakating is authorized to issue a certificate of occupancy in regard to any conversion of a seasonal dwelling upon receiving from a licensed professional engineer or architect as-built plans and a sworn certification which, to the satisfaction of the Building Inspector, certifies that the building complies with the requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Existing Building Code for New York State for the issuance of a certificate of occupancy which existed at the time erected, notwithstanding that the premises may not have otherwise requisite building permits. Such certificate of occupancy shall recite that the certificate is issued upon the certification of the licensed professional engineer or architect and that the building complies with all requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Existing Building Code for New York State for the issuance of a certificate of occupancy at the time enacted and that the Town issues the certificate of occupancy solely on the basis of that certification and not on the basis of any independent inspection or investigation.
When a seasonal dwelling is located on a nonconforming lot, the conversion of the seasonal dwelling to a year-round use shall adhere to § 199-54 of this chapter and the following additional standard:
A.
The applicant obtains a building permit to make necessary improvements
to the seasonal dwelling unit to ensure that it meets the pertinent
standards of the New York State Uniform Fire Prevention and Building
Code.
A.
Within the Town of Mamakating there are numerous individual parcels that contain multiple individual dwellings that were constructed for seasonal use. Over time, these dwellings have been converted to year-round use. Because of the close proximity of the dwellings to each other, and the increased usage of the site, there is concern that septic systems and wells intended to serve each unit may not be adequate to protect the health, safety and welfare of the residents as well as adjoining properties. In addition, the conversion of said dwellings is occurring on a piecemeal basis and without a coherent plan for the entire site that may establish appropriate locations for providing sewer and water service to each dwelling. For purposes of this chapter, multiple dwellings on an individual lot shall be deemed to be nonconforming uses subject to the provisions of § 199-51A.
