Except as otherwise provided in this chapter,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued, although such use or building does
not conform to the regulations specified by this chapter for the zone
district in which such land or building is located. The following
provisions shall, however, apply to all nonconforming uses:
A.
A nonconforming lot shall not be further reduced in
size.
B.
A nonconforming building shall not be enlarged, extended
or increased unless such enlargement would tend to reduce the degree
of nonconformance.
D.
A nonconforming use may be changed into a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again, except in accordance with these regulations.
E.
Where such nonconforming use is upon the land itself
and not enclosed within a structure, or where such use involves the
removal of soil, minerals or the excavation of gravel or rock or other
material, such use may be continued upon the land being so used at
the time of the adoption hereof. Any such nonconforming use of the
land may be extended or expanded to include any part of the plot or
parcel of land now being used or held in reserve for future use, provided
that such enlargement does not involve the use of any lot acquired
or the excavation rights of which were acquired by the excavation
operator after the effective date of this chapter. However, such extension
or expansion of such nonconforming use shall comply with the setback
and fencing requirements of this chapter. Furthermore, in the case
of excavation operations which do not have a valid Mined Land Reclamation
Law[1] permit from the New York State Department of Environmental
Conservation on the date that this amendment becomes effective,[2] such nonconforming uses may not be enlarged, increased or expanded so as to exceed the threshold of 750 cubic yards per 1,000 ton per year set forth in the definition of "excavation" in § 700-8 of this chapter.
After the effective date of this chapter, upon
the written request of the user of any structure or premises or at
the instance of the Code Enforcement Officer, an examination by the
Code Enforcement Officer of any existing use shall be made. A report
of the findings made upon such examination shall thereafter be filed
with the Zoning Board of Appeals, together with a proposed certificate
of existing nonconforming use, which shall clearly describe the premises
and structure, if any, referred to, and shall specify the nature and
extent of such existing use. Such certificate shall be prepared in
triplicate, one copy of which shall be maintained by the Code Enforcement
Officer, one copy of which shall be furnished to the Zoning Board
of Appeals and one copy to be furnished to the owner or user.
A nonconforming use shall not be expanded except
in conformance with the procedures and regulations specified in this
section. In any district a nonconforming use may be expanded in the
following manner: In no case shall such enlargement extend beyond
the lot occupied by such nonconforming use. The extension of a nonconforming
use hereunder shall be subject to a special permit authorized by the
Town Board and shall be considered on an individual case. Applications
for a special permit shall be obtained from the Code Enforcement Officer.
The Town Board shall issue or deny special permits, as the case may
be, taking into consideration the following:
A.
Standards applicable to granting a special permit
authorizing the expansion of a nonconforming use:
(1)
The location and size of the nonconforming use, the
nature and intensity of the operations involved in or conducted in
connection with it, the size and site in relation to it, the location
of the site in relation to it and the location of the site in respect
to streets giving access thereto shall be such that such use will
be in harmony with the orderly development of the district in which
it is located.
(2)
Screening or other protective measures shall be adequate
to protect any adjacent properties from objectionable aspects of any
such expansion of the nonconforming use.
(3)
Off-street parking areas shall be of adequate size
for the particular use, and access drives shall be laid out so as
to achieve maximum safety.
(4)
The Town Board may prescribe any condition that it
deems to be necessary or desirable and may require a site plan of
the proposed expansion of the nonconforming use with pertinent information
to aid it in making a determination on the application.
B.
Public hearing.
(1)
Before authorizing a special permit to expand the
nonconforming use, the Town Board shall give public notice and hold
a public hearing on the application for such permit in the same manner
as required by law for amendments to this chapter.
(2)
Prior to such public hearing, the application may
be referred to the Town Planning Board for report and recommendation.
The Planning Board shall have 30 days after said referral to state
its position relative to the proposed permit application. The Town
Board shall hold such public hearing at the earliest possible date
following the thirty-day referral period and may take action on the
proposal as it deems appropriate.
C.
Limitations. A special permit authorizing the expansion
of a nonconforming use shall be deemed to authorize only the particular
use or uses specified in the permit and shall apply only to the area
specified in the permit. A special permit issued under this section
shall expire within six months from the date of issuance if the nonconforming
use is not expanded or enlarged.
In any district, whenever a nonconforming use
of land, premises, building or structure or any part or portion thereof
has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future uses shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use or
part or portion thereof for such period of one year is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent not to abandon the same or of an intent
to resume active operations. If actual abandonment in fact is evidenced
by the removal of buildings, structures, machinery, equipment and
other evidences of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed,
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
A.
Any building damaged by fire or other unintentional
causes to the extent of more than 80% of its true value shall not
be repaired or rebuilt except in conformance with this chapter. In
the case of a permitted restoration of a nonconforming use, such restoration
shall not increase the degree of nonconformance.
B.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any wall or roof which has been declared
unsafe by the Code Enforcement Officer.
C.
Normal maintenance repairs and incidental alteration
of a building or other structure containing a nonconforming use shall
be permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use.
D.
Any building which is nonconforming due to insufficient
yard distances or lot area shall not be considered a nonconforming
use. Any alterations or structural changes may be accomplished within
the existing frame of said building, but any additions shall conform
to the specific setback and yard distance requirements of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Nothing herein contained shall require any change
in plans, construction or designated use of a building complying with
existing laws, a permit for which had been duly granted and the construction
of which shall have been started before the date of adoption of this
chapter or any applicable amendment thereto.
