Notwithstanding any of the above regulations, nothing in this
section shall be deemed to prevent normal maintenance and repair of
any use or building or the carrying out upon the issuance of a building
permit of major structural alterations or demolitions necessary in
the interest of public safety.
The floor area of all nonconforming uses can be enlarged by up to 25% of the floor area as it existed at the time amendment by L.L. No. 11-2009 became effective, provided such expansion does not result in or increase any nonconformity of the building related to bulk, if applicable, and if a permit for expansion of the nonconforming use is granted by the Zoning Board of Appeals, following a public hearing, and if the Zoning Board finds that the expansion will comply with the general criteria set forth for special use permits, §
123-46C, and will further comply with the area and bulk requirements of §
123-23 and the parking and loading requirements of §
123-26.
Nothing contained in this chapter shall prohibit development
of any lot for which a map was filed or a deed recorded prior to the
original adoption of this chapter (April 12, 1971) whose area and/or
width are less than the specified minimum lot requirements of the
law for the district in which it is located, and no area variance
shall be required, provided all of the following apply.
A. Such lot has an area of at least 5,000 square feet with a minimum
width of 50 feet.
B. Such lot may not be used for more than one dwelling unit.
C. Such use satisfies all applicable requirements of the Town of Esopus
and the Ulster County Health Department for potable water supply and
sewage disposal facilities.
D. All other bulk and yard requirements for that district are complied
with to the maximum extent feasible.
E. Such lot is served by central sewer and water or is able to support
all necessary on-site water and wastewater utilities in accordance
with applicable regulations.
No lot shall be reduced in area so that it creates a nonconforming
bulk or use in violation of any regulations contained in this chapter.
Any lot in a subdivision whose plat has been approved by the
Town of Esopus Planning Board and property filed in the office of
the Ulster County Clerk prior to the passage of this chapter and whose
area and/or width are less than the specified minimum lot requirements
of this chapter for the district in which it is located shall be considered
as complying with such minimum lot requirements.