[Added 1-10-1989 by L.L. No. 1-1989]
The purpose of this article is to reduce or
minimize impacts of uses and buildings which do not conform to the
use or bulk requirements set forth in this chapter, all uses and buildings
that become nonconforming by reason of any subsequent amendment to
this chapter and all buildings containing nonconforming uses.
Except as provided hereinafter, nonconforming
use of buildings or open land existing on the effective date of this
chapter or authorized by a building permit issued prior thereto, regardless
of change of title, possession or occupancy or right thereof, may
be continued indefinitely, except that such building or use:
A.
Shall not be enlarged, altered, extended, reconstructed
or restored or placed on a different portion of the lot or parcel
of land occupied by such use on the effective date of this chapter,
nor shall any external evidence of such use be increased by any means
whatsoever.
B.
Shall not be moved to another location where such
use would be nonconforming.
C.
Shall not be changed to another nonconforming use
without approval by the Board of Appeals and then only to a use which,
in the opinion of the said Board, is of the same or of a more-restrictive
nature.
D.
Shall not be changed back to a less-restrictive use
if changed to a more-restrictive nonconforming use.
E.
Shall not be reestablished if such use has been changed
to or replaced by a conforming use.
F.
Shall not be repaired or rebuilt unless the use is
changed to a conforming use if the nonconforming use is damaged by
fire or other causes to the extent of 50% of its fair value.
G.
Whenever a nonconforming use of a building or premises
has been discontinued for a period of more than two years or has been
changed to a higher classification or to a conforming use, anything
in this article to the contrary notwithstanding, the nonconforming
use of such building or premises shall no longer be permitted unless
a variance therefor shall have been granted by the Board of Appeals.
A.
Nothing in this article shall be deemed to prevent the alteration
or enlargement of a nonconforming building containing a conforming
use, provided that such action does not create any new nonconformance
or increase the degree of nonconformance with regard to the regulations
pertaining to such buildings.
B.
Reconstruction of a damaged building.
(1)
Nothing in this chapter shall prevent the complete restoration of
a building destroyed by accidental cause such as fire, flood, explosion,
riot, or act of God, nor prevent the continuance of the use of such
building or part thereof. Such restored building shall not exceed
the dimensions of the building destroyed.
(2)
Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.
[1]
Editor’s Note: This local law provided an effective
date of 1-1-2018.
[Amended 10-19-1999 by L.L. No. 16-1999]
A.
A nonconforming building containing a nonconforming
use shall not be enlarged, or structurally altered or moved, except
as set forth below, unless the use of such building is changed to
a conforming use.
[Amended 4-24-2012 by L.L. No. 6-2012]
(1)
Nonresidential uses:
(a)
Nothing in this article shall be deemed to prevent the alteration
or enlargement of a nonconforming or conforming nonresidential building
with a nonconforming nonresidential use or construction of an addition
to existing buildings or additional building on the premises, so long
as said increase in size of the buildings created by enlargement of
the existing buildings or structures or by the construction of a new
and separate building or structure does not result in an increase
in the overall building footprint(s) of more than 15%, except that
said increase shall not exceed the applicable maximum lot coverage.
In addition, all other setback and area requirements shall apply.
(b)
Nothing in this article shall be deemed to prevent the alteration
or enlargement of a nonconforming or conforming nonresidential building
with a nonconforming use or construction of an addition to existing
building(s) or additional building on the premises, so long as said
increase in size of the building(s) created by enlargement of the
existing buildings or structures or by the construction of a new and
separate building or structure does not result in an increase in the
overall building footprint(s) of more than 30%, except that said increase
shall not exceed the applicable maximum lot coverage, and all other
setback and area requirements shall apply, provided that the following
site remediation measures, in full or in part, as shall be determined
by the Planning Board within its sole discretion, are included as
an essential element of the aforesaid expansion:
[1]
Substantial enhancement of the overall site landscaping and/or natural
vegetation.
[2]
Employment of best visual practices by upgrades to existing building
facades and/or design of new buildings and/or the additions to existing
buildings which accurately or more accurately depict the historic
and/or existing rural character of the immediate and nearby neighborhood(s).
B.
A nonconforming building containing a nonconforming
use which has been damaged by fire or other causes to the extent of
more than 50% of its fair value shall not be repaired or rebuilt unless
the use of such building is changed to a conforming use.
[Amended 11-28-1995 by L.L. No. 23-1995; 3-4-1997 by L.L. No. 5-1997; 6-29-2021 by L.L. No. 9-2021]
B.
Such lot shall be required to meet the following:
|
Area
(square feet)
|
Lot Coverage
|
Front
(feet)
|
Side
(feet)
|
Yard
Both Sides
(feet)
|
Rear
(feet)
|
|---|---|---|---|---|---|
|
200,000 to 399,999
|
5%
|
60
|
30
|
60
|
100
|
|
120,000 to 199,999
|
10%
|
60
|
30
|
60
|
85
|
|
80,000 to 119,999
|
20%
|
60
|
20
|
45
|
75
|
|
60,000 to 79,999
|
20%
|
55
|
20
|
45
|
75
|
|
40,000 to 59,999
|
20%
|
50
|
20
|
40
|
60
|
|
20,000 to 39,999
|
20%
|
40
|
15
|
35
|
50
|
|
Less than 20,000
|
20%
|
35
|
10
|
25
|
35
|
C.
Nonconforming lots with primary and secondary front yards shall be
required to meet the following:
|
Area
(square feet)
|
Primary Front Yard
|
Secondary Front Yard
|
Side Yard
|
|---|---|---|---|
|
Less than 20,000
|
35
|
20
|
10
|
|
20,000 to 39,999
|
40
|
25
|
15
|
Notwithstanding any of the foregoing regulations,
nothing in this article shall be deemed to prevent normal maintenance
and repair of any 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.
