Except as hereinafter provided, no building or land shall be constructed or used except in conformity with the provisions of this zoning chapter. However, the following provisions shall apply to all buildings and uses of land or buildings existing on the effective date of this chapter, which buildings and uses of land or buildings do not conform to the requirements set forth herein; to all building and uses of land or buildings that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming uses.
A.
Except as provided in § 156-61 hereinafter regarding maintenance and repair, any type of nonconforming use of buildings or land may be continued indefinitely, but shall not be:
(1)
Enlarged or structurally altered, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter or of any applicable amendment thereof, nor shall any external evidence of such use be increased by any means whatsoever, except whereby, through such alteration, it is changed to a conforming use.
(2)
Changed to another nonconforming use without approval from the Zoning Board of Appeals and then only to a use which, in the opinion of said Board, is of a more conforming nature.
(3)
Reestablished after the physical operation thereof has ceased for a period of one year for any reason. A discontinuance within the meaning of this zoning chapter may occur regardless of whether an intent to abandon the nonconforming use exists and irrespective of the adaptation of the structure to that activity. A nonconforming use is deemed to be discontinued when either:
B.
The lot area of any nonconforming use shall not be reduced if it is nonconforming. If the lot is of conforming area and dimensions, it shall not be reduced to a nonconforming area or dimensions.
A building or structure that is conforming to use but situated on a lot in a manner that does not comply to applicable bulk requirements, including but not limited to lot area, yard dimensions, building height, development coverage, off street parking, loading, or other bulk requirements set forth in this zoning chapter shall be deemed to possess noncomplying bulk. Routine normal maintenance, repairs, and alterations that decrease or diminish said noncompliance are permitted. No permit shall be issued that will increase the nonconformity of any bulk requirements without an area variance from the Zoning Board of Appeals.
Except as provided in § 156-61 hereinafter, no building which houses a nonconforming use shall be:
A.
A building, structure or use that complies with applicable bulk requirements but which contains a nonconforming use which is destroyed or damaged by any means to an extent of more than 50% of the replacement cost of the entire building or structure, may not be reconstructed or used except in conformity with this zoning chapter.
B.
A building, structure, or use that complies with applicable bulk requirements but which contains a nonconforming use that is destroyed or damaged by any means to an extent of 50% or less of the replacement cost of the entire structure may be reconstructed. The same nonconforming use may be continued if the reconstruction is completed within 18 months of the date of such damage, and said reconstruction is completed according to a plan approved by the Planning Board that does not result in any greater level of nonconformity with this zoning chapter.
A.
To bring a use that becomes nonconforming upon the adoption of this zoning chapter into greater conformity with this zoning chapter and reduce and diminish any impacts associated with the operation of said nonconforming use, the property owner may submit a site plan application to the Planning Board that demonstrates said impacts will be diminished. Impacts may be diminished through installation of screening materials, creation of buffer areas, application of noise attenuation measures, reduction of smoke or odors, installation of lighting controls, minor structural or architectural changes, changes to the location or layout of parking lots, loading areas or access drives, or other appropriate means. Such plan shall be presented to the Planning Board, and the Planning Board may approve, approve with modifications or conditions, or disapprove the site plan application in accordance with Article X of this zoning chapter. Said improvements shall otherwise conform to the regulations and requirements of this zoning chapter.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety, provided that the floor area or the nonconformity is not quantitatively extended.
All the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing at the time of the adoption of this zoning chapter and to all uses and buildings that become nonconforming by reason of any amendment thereof, but not to any use established or building erected in violation of law or Zoning chapter or any amendment regardless of the time of establishment or erection.
A.
Nothing contained herein shall require any change in the plans, construction or designated use of a building shown on any of the following:
(1)
A site or subdivision plan where final approval has been granted and the map is signed by the Planning Board within the time allotted in the approval resolution or any extensions thereof and the map is filed with the Putnam County Clerk within the time allotted under New York State law, if applicable.
(2)
The final map has been filed with the Putnam County Clerk prior to the effective date of this subsection. Building permits issued for said lots shall be issued using the lot dimensions, yard dimensions, height of buildings, floor area of buildings, coverage of lot by building, floor area ratio, off-street parking and loading requirements as well as all other regulations in effect as of the date of signing by the Planning Board of the Town of Carmel.