The provisions contained in this article shall apply to all nonconforming uses of buildings or land existing on the effective date of this chapter and to such uses that become nonconforming by reason of any amendment thereto.
Except as otherwise provided in this article, the lawful use of any building or land existing at the time of the enactment of this chapter or any amendments thereto may be continued although such use does not conform to the provisions of this chapter.
A building that is conforming in use but does not conform to the bulk or parking requirements of this chapter shall not be considered to be nonconforming within the meaning of § 194-119; however, no permit shall be issued that will result in the increase of any such nonconformity.
The nonconforming use of a building or land may be changed only to a conforming use or to a use of similar or less nonconformity as determined by the Board of Appeals.
A. 
A building or land area, the use of which does not conform to the use regulations for the district in which it is situated, may, upon conformance with the standards and issuance of a special permit by the Board of Appeals as provided in Article IX, be enlarged or extended in an amount which may not exceed 50% of the gross area actually occupied by such use at the time of the adoption of this chapter or any amendments thereto.
B. 
An enlargement or extension which is greater than 50% of the gross area must conform to all regulations, including the use regulations for the district in which it is situated, for that portion of the building or land exceeding 50%.
C. 
Any nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provisions of this chapter or amendments thereto.
D. 
Notwithstanding any of the foregoing, a mobile home park located in any B-1 or R-1 zone which has been enlarged or extended under Subsection A above may, upon conformance with the standards and issuance of a special use permit by the Board of Appeals as provided in Article IX, be further enlarged or extended in an amount not to exceed an additional 25 mobile home units or 50% of the number of units in existence at the time of the request for the second expansion, whichever is greater. While this is the maximum number attainable, an application must also meet site plan approval requirements, and the Planning Board shall determine the actual number of additional units which can be placed on the site, as part of its site plan review function.  
[Added 9-14-1995 by L.L. No. 8-1995]
(1) 
Procedure.
(a) 
The Zoning Board of Appeals shall open its public hearing process on the special permit application, combining this, where possible, with its hearing on the amended mobile home park license under § 131-5C of the East Fishkill Code. The Zoning Board shall also coordinate the SEQR process with the Planning Board and any other involved agencies. After the initial session of the public hearing, the Zoning Board shall refer the proposed special permit application to the Planning Board for a site plan review and an advisory recommendation prior to making its decision. The advisory opinion will address the site plan issues and will recommend a proposed maximum number of mobile home units for the site, and a proposed mix of active and passive recreation, based upon site plan and layout considerations, including those set forth in this chapter. The Planning Board shall also make a final SEQR determination of significance, and may grant preliminary site plan approval, which approval shall be conditioned upon the issuance of a special permit by the Zoning Board of Appeals.
(b) 
After the Planning Board's recommendation, the Zoning Board shall proceed to final consideration of the special permit application, taking into consideration the general provisions of law applying to the grant of special permits and the specific standards set forth in this Zoning Chapter relating to mobile homes. The final decision on the special permit shall be made only after the final SEQR determination has been made.
(c) 
Any special permit granted by the Zoning Board shall be conditioned upon receipt of final site plan approval by the Planning Board pursuant to Article VII.
(2) 
The proposed enlargement or extension must comply with the following standards, at a minimum, and the Zoning Board shall not waive or grant area variances of any of these standards:
(a) 
The mobile home park must have been established before the effective date of zoning (February 7, 1963).
(b) 
The property which is the subject of the expansion application must be owned by the mobile home park owner as of January 1, 1995.
(c) 
No mobile home unit, building or structure shall be located nearer than 50 feet from the boundary of the mobile home park.
(d) 
Access roads within the expansion area shall be at least 20 feet in width, and shall be paved to the following thickness standards:
[Amended 10-23-1997 by L.L. No. 8-1997]
9 inches R-O-B Gravel
3 inches Item 4
2 inches Binder Course Blacktop
1.5 inches Top Wearing Course Blacktop
(e) 
All structures, including mobile home units shall have a minimum setback of 20 feet from any interior access road, except mail boxes and school bus shelters.
(f) 
The minimum separation between mobile home units shall be 30 feet. Accessory structures such as carports, storage sheds, decks, patios, whether enclosed or not, may be located within the separation, but no closer than five feet of the line separating two mobile home sites. Additionally, accessory storage sheds shall not be located forward of the rear line of the mobile home.
(g) 
Each mobile home site shall provide off-street parking for at least two vehicles. The site plan shall also provide additional guest parking in an amount not less than 1/2 space per unit. Guest parking spaces will be located in one or more common parking areas shown on the site plan.
(h) 
The gross density of the expansion area shall not exceed four units per acre. No individual mobile home site shall be smaller than 5,000 square feet.
(i) 
The minimum size of any mobile home shall be 600 square feet.
(j) 
The expansion area shall be held in the same ownership as the main park, and shall not be subdivided.
(k) 
All new mobile home units shall have peaked roofs.
(l) 
Water supply and sewage disposal shall be approved by the Dutchess County Department of Health.
(m) 
A minimum of 10% of the total park area shall be set aside and used for recreational area for the park. The Planning Board shall decide on an appropriate mix of active and passive recreation for the site. The land set aside for recreation shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the mobile home park, and no portion of its active or passive use shall be changed absent the grant of an amended site plan approval by the Planning Board. Additionally, the failure to maintain the recreation area shall be deemed a violation of the conditions of the special permit and the site plan approval.
(n) 
Where there is a conflict between the development standards set forth in this section and those set forth in Chapter 131 of the East Fishkill Code, then the standards set forth in this section shall control as to expansions covered by this section.
A building nonconforming in use may be structurally altered, provided the aggregate cost of the structural alteration does not exceed 25% of the real value as determined by reference to the assessed valuation and equalization rate in effect at the time the alteration is to be performed. Structural alterations required by law and such maintenance and repair work as is required to keep a nonconforming building in sound condition shall be permitted.
Whenever a nonconforming use of a building or land has been discontinued for a period of more than one year or is changed to a conforming use, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
Any building nonconforming in use which is damaged by fire or other causes to the extent of more than 50% of its real value, as determined by reference to the assessed valuation and equalization rate in effect when such damage occurs, may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located, provided such repairs or reconstruction shall be completed within two years of the date on which the damage occurred.
If a building nonconforming in use is hereafter removed, the subsequent use of the lot on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.
Any building, the construction of which has been started prior to the effective date of this chapter, and the ground story framework of which, including the second tier of beams, has been completed within six months after the date of the adoption of this chapter, may be completed, provided such construction is diligently prosecuted and the building is completed within one year of the date of the adoption of this chapter.
Any lawful use existing at the time of the adoption of this chapter or of any amendments thereto, which is classified as a special permit use in the district in which it is located, shall, without further action, be deemed to be a conforming use.
A. 
Any lot held in single and separate ownership prior to the adoption of this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter or any amendment thereto for the district in which it is situated, may be considered as complying with such minimum lot requirements, provided that:
(1) 
Such lot does not adjoin other undersized 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.
(2) 
The minimum front and rear yard dimensions for the district are maintained.
(3) 
The following side yard dimensions are maintained in residence districts:
Existing Lot Width
(feet)
Each Side Yard
(feet)
75 - 124
15
74 or less
12
(4) 
All other bulk requirements for the district are complied with.
B. 
Notwithstanding anything contained herein to the contrary, if a parcel of land acquired prior to the adoption of this chapter is held in a single and separate ownership and has not been acquired as one parcel and each acquired parcel contains in excess of 1/2 acre, and such acquired parcel does not adjoin other vacant and undeveloped parcels held by the same owner, then such separately acquired parcel or parcels may be considered by the Board of Appeals, for the purpose of granting a variance, as complying with such minimum lot requirements of this chapter or any amendments thereto, even though the area and/or depth are less than the specified minimum lot requirements of this chapter or any amendments thereto, for the district in which it is situated.
C. 
In a zone requiring a minimum lot size of two or more acres, a lot which was lawfully created prior to the effective date of the law creating the two-acre zone, to wit, April 1, 1985, whether held in single and separate ownership or not, which lot is less than two acres in size, but at least one acre in size, shall be considered as a conforming lot with respect to area; and said lot further shall be required to meet the bulk regulations applicable to the one-acre zone. In a zone requiring a minimum lot size of three or more acres, a lot which was lawfully created after April 1, 1985, but prior to the effective date of the law creating the three-acre zone, to wit, December 5, 2002, whether held in single and separate ownership or not, which lot is less than three acres in size, but at least two acres in size, shall be considered as a conforming lot with respect to area; and said lot further shall be required to meet the bulk regulations applicable to the two-acre zone.
[Added 3-28-1985 by L.L. No. 2-1985; amended 6-14-2001 by L.L. No. 3-2001; 11-14-2002 by L.L. No. 4-2002]
D. 
An undersized lot, which was lawfully created prior to the effective date of this chapter, whether or not held in single and separate ownership, which lot adjoins another undersized lot, upon which is located the residence of the owner, may be considered by the Board of Appeals for the purpose of granting a variance in accordance with § 194-130B; provided said lot meets the bulk regulations of § 194-130A(3) and (4).
[Added 11-16-1989 by L.L. No. 11-1989; amended 3-8-1990 by L.L. No. 1-1990]
[Amended 3-28-1985 by L.L. No. 2-1985]
A. 
Any lot in a subdivision whose plat has been approved and properly filed prior to passage of this chapter or any amendments thereto, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter or any amendments thereto for the district in which it is situated, may be considered as complying with such minimum lot requirements in accordance with the provisions of Town Law § 265-a.
B. 
In addition to the foregoing, lots on a subdivision plat located within the R-2 zone created by Local Law No. 2-1985, which received preliminary approval by the East Fishkill Planning Board on or after September 1, 1984, and before the effective date of this local law, to wit, April 1, 1985, shall be considered as complying with this law and shall, upon compliance with any other applicable requirements, be entitled to building permits, provided that:
[Amended 6-14-2001 by L.L. No. 3-2001]
(1) 
All such lots are at least one acre in size and comply with all other bulk requirements of the R-1 zone;
(2) 
A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of Local Law No. 2-1985; and
(3) 
Final subdivision approval is thereafter granted, any applicable conditions of approval are timely met, and the final plat is duly and timely filed in the Dutchess County Clerk's Office pursuant to Town Law § 276.
C. 
In addition to the foregoing, lots on a subdivision plat located within the R-3 Zone created by Local Law No. 4 of the year 2002, and which received preliminary subdivision approval by the East Fishkill Planning Board before the effective date of such local law, to wit: December 5, 2002, shall be considered as complying with this chapter and shall, upon compliance with any other applicable requirements, be entitled to building permits, provided that:
[Added 11-14-2002 by L.L. No. 4-2002]
(1) 
All such lots comply with the provisions of the two-acre zone requirements, and with all other bulk requirements of the two-acre zone.
(2) 
A legally sufficient application for final subdivision approval is submitted to the Planning Board within six months of the effective date of the local law creating the three-acre zone (December 5, 2002).
(3) 
Final subdivision approval is thereafter granted within six months after such submission, and the final plat is duly and timely filed in the Dutchess County Clerk's office pursuant to Town Law § 276.
A. 
Any application for a building permit for a change in use, the enlargement or extension, alteration or restoration of a building or land existing as nonconforming except a residence, shall require the submission of a site plan.
B. 
The application and procedure shall conform to Article VII of this chapter, with the exception that the application will be made to the Board of Appeals, which, in turn, will submit the site plan to the Planning Board for review prior to the granting of any permit or the extension of an existing permit.
[Added 7-26-2012 by L.L. No. 4-2012]
To the extent provided by § 194-85E, eligible nonconforming gas stations may exceed nonconforming bulk dimensional standards for the reuse of a lot without obtaining a special permit from the Zoning Board of Appeals. Lots having eligible nonconforming gas stations may, as provided in § 194-85E may be reestablished without being subject to the time limitations of § 194-25.