Subject always to the provisions of §
200-63 hereof, any lawful building, structure or use of premises existing at the time of enactment of this chapter, or any subsequent amendment thereof applying to such building, structure or use of premises, may be continued, although such building, structure or use of premises does not conform to the provisions thereof, except as follows:
A. Any undeveloped lot in a subdivision which was not
properly approved by the Planning Board and/or not filed in the office
of the County Clerk and whose area and/or width, and/or depth are
less than the specified minimum lot requirements of this chapter shall
be considered a violation of this chapter.
B. Any sign which becomes nonconforming upon the date
of enactment of this chapter shall be removed or altered so as to
conform within five years after such date of enactment.
A building or structure of a nonconforming use
may be repaired or restored to a safe condition.
A nonconforming use of a building, structure or land may be changed to another nonconforming use which is the same or more restricted in nature; however, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. Uses shall be deemed more restricted or less restricted in accordance with §
200-8 and Article
XI. The change of a nonconforming use of a building, structure, or land to another nonconforming use shall include the right to change an accessory nonconforming sign, provided such sign is not increased in area or does not further violate provisions of this chapter.
Any building or structure for which construction
was begun prior to the effective date of this chapter, or any subsequent
amendment thereof applying thereto, may be completed and used in accordance
with the plans and specifications for buildings or structures.
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 proposed for residential use shown on a subdivision plat which has received preliminary approval by the Planning Board in accordance with Chapter
169, Subdivision of Land, of the Code of the Town of Marbletown, and Article 16 of the Town Law of the State of New York prior to the effective date of this chapter, and which approval is still valid on the effective date of this chapter, and whose area, and/or width, and/or depth are less than the minimum lot requirements of this chapter, shall be considered in compliance with such minimum lot requirements of the district in which it is located; provided, however, that final approval of such subdivision plat shall be obtained and the subdivision plat filed in the office of the County Clerk in accordance with Chapter
169, Subdivision of Land, of the Code of the Town of Marbletown and Article 16 of the Town Law of the State of New York within one year of the effective date of this chapter. In the event that final approval and filing of such subdivision plat is not obtained within 12 months of the effective date of this chapter, this exemption from the minimum lot requirements of this chapter shall not apply.
Notwithstanding any provision of this chapter to the contrary,
any natural gas and/or petroleum extraction activities that are being
physically conducted in the Town as of the effective date of this
local law shall be subject to the following:
A. Conditions for continued use.
(1) If, as of the effective date of this local law, physical natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC") and/or all other applicable local, state, and federal governments, bureaus, or agencies, then and only then such activity by or on behalf of the holder of the permit(s) shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections
B and
C of this §
200-63.
(2) Natural gas and/or petroleum extraction activities that are being
conducted in the Town as of the effective date of this local law and which do not qualify for treatment under the preceding Subsection
A(1) of this §
200-63 shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses), and shall in all respects be prohibited as contemplated by §
200-9 hereof.
B. Upon the depletion, closing, or reclamation of any well which is
allowed to remain in operation after the effective date of this local
law by virtue of Subsection
A(1) of this §
200-63, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related grandfathering rights) of or relating to such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by §
200-9 hereof.
C. Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection
A(1) of this §
200-63 is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this local law. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection
A(1) of this §
200-63 and instead shall in all respects be prohibited as contemplated by §
200-9 hereof.