A. 
No land, water or building or other structure shall be used and no building or other structure shall be constructed or reconstructed unless it shall conform to this chapter. No lot or land shall be subdivided, sold, encumbered or conveyed so as to:
(1) 
Make said lot or land nonconforming or more nonconforming to this chapter.
(2) 
Make any use, building or other structure nonconforming or more nonconforming.
(3) 
Reduce any setback, open space or off-street parking or loading spaces to less than is required by this chapter.
(4) 
Make any nonconformity more nonconforming.
B. 
Minimum requirements. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare.
C. 
Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted and multiple-dwelling site plans approved under Article IV.
No building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered until an application for a building permit and certificate of occupancy has been submitted to and approved by the Building Inspector and a building permit has been issued by him. No land or building or other structure shall be used or occupied or changed in use until an application for a building permit and certificate of occupancy has been submitted to and approved by the Building Inspector and until a certificate of occupancy has been issued by him certifying conformity with this chapter. All applications shall be submitted and approved in accordance with this chapter, and all building permits and certificates of occupancy shall be issued in accordance with the provisions of Article XIII and all other applicable provisions.
A. 
Continuance of existing nonconforming uses. Any lawful use of a structure or of land existing on the effective date of this chapter may be continued, subject to such limitations as specified in this chapter, even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.
B. 
Nonconforming use of land.
(1) 
Where no structure is involved, the nonconforming use of land may be continued, provided that:
(a) 
Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.
(b) 
The lot on which such nonconforming use is located shall not be reduced in size.
(c) 
Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.
(2) 
If the nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than six months or is changed to a conforming use, then any future use of such land shall be in conformity with all provisions of this chapter.
(3) 
No nonconforming use of land shall be changed to another nonconforming use.
C. 
Nonconforming use of structures.
(1) 
The nonconforming use of a building or structure may be continued, provided that:
(a) 
Such building or structure shall not be enlarged or extended unless the use therein is changed to a conforming use.
(b) 
Such nonconforming building or structure shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said building or structure in a safe condition.
(c) 
Such nonconforming use shall be changed only to a conforming use.
(2) 
If such nonconforming use of a building or a structure ceases for any reason for a continuous period of more than six months or is changed to a conforming use, then any future use of such building or structure and the land on which it is located shall be in conformity with all provisions of this chapter for the district in which it is located.
(3) 
If any such nonconforming building or structure is damaged or destroyed by any means to an extent greater than 50% of its fair market value, as determined by the Town Assessor, it shall be permitted to be reconstructed only if the future use of the building or structure and the land on which it is located is in conformity with this chapter. Any such nonconforming building or structure damaged to an extent less than 50% of said fair market value may be rebuilt, provided that:
(a) 
The resumption of the nonconforming use takes place within six months of the time of its interruption.
(b) 
The cost of such reconstruction or structural alteration is less than 50% of said fair market value.
D. 
Improvement of nonconforming uses. Notwithstanding the provisions set forth above, in order to reduce the adverse external affects of such nonconforming uses, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan review whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking areas and access drives or by any other appropriate means, these purposes may be achieved.
E. 
Nonconforming residences. The owner of a residence in a commercial zone known and designated as "office park" or "economic development" may secure a one-time allowance to expand his residence by an amount not to exceed 20% of the existing livable space of that residence and not to exceed the maximum allowed percentage of coverage for any lot in that zone.
F. 
Nonconforming lots. Any lot which lawfully existed on the effective date of this chapter and fails to meet the area, shape, frontage or other applicable requirements of this chapter shall be considered a legal nonconforming lot. Provided that the following requirements are met, a structure may be placed on such lots:
(1) 
A structure may be constructed on a legal nonconforming lot, provided that it complies with the current zoning regulations relating to coverage, setbacks, parking and landscaping for such district in which the lot is located.
(2) 
The owner of the parcel shall not also be the owner of contiguous land which, in combination with such parcel that fails to conform, would make a parcel that conforms or more nearly conforms to the requirements of this chapter pertaining to lots.
(3) 
Two or more adjoining noncomplying subdivision lots in the same ownership in a subdivision approved by the Planning Board shall have three years from the date of filing with the office of the County Clerk to obtain a building permit. Two or more adjoining noncomplying lots in a subdivision approved by the Planning Board and filed with the office of the County Clerk more than three years prior to the effective date of this chapter and in the same ownership shall not be eligible to receive a building permit. Said subdivision or part thereof shall be resubmitted to the Planning Board for approval in accordance with the applicable provisions of this chapter. Any lot in a subdivision approved by the Planning Board after the effective date of this chapter, but which is made noncomplying as to bulk by any future amendments of this chapter, shall have three years from the date of filing to obtain a building permit.
(4) 
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be undivided parcels for the purposes of this chapter. No such adjoining, noncomplying lots as set forth herein shall be used or sold in a manner which diminishes compliance with the requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
G. 
Any alteration or reconstruction or repair of any nonresidential or multifamily structure subject to this section shall be further subject to site plan review by the Planning Board.
H. 
Signs. Any sign which fails to conform to one or more of the provisions of Article XII shall be removed or shall be changed to conform to the provisions of Article XII.
I. 
Special exceptions and site plans. Any use, building or other structure lawfully existing on the effective date of this chapter and for which a special exception or site plan approval would need to be secured under this chapter shall not be considered nonconforming solely for lack of such special exception or site plan approval.
The following performance standards shall apply to all uses of land and buildings and other structures and shall be of continuing application:
A. 
Dust, dirt, fly ash and smoke. No dust, dirt, fly ash or smoke shall be emitted into the air from any lot so as to endanger the public health and safety, to impair safety on or the value and enjoyment of other property or to constitute a critical source of air pollution.
B. 
Odors. No offensive odors shall be emitted into the air from any lot so as to impair the value and enjoyment of any other lot.
C. 
Gases and fumes. No noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot so as to endanger the public health and safety or to impair safety on or the value and enjoyment of any other lot.
D. 
Noise. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. The noise necessarily involved with the construction or demolition of buildings and other structures shall be prohibited except between the hours of 7:00 a.m. and 8:00 p.m. weekly and 9:00 a.m. and 5:00 p.m. on Saturdays.
[Amended 11-18-2004 by L.L. No. 16-2004]
E. 
Vibration. With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.
F. 
Wastes. No offensive wastes shall be discharged or dumped into any river, stream, watercourse, storm drain, pond, lake or wetlands.
G. 
Glare and heat. No offensive glare from lighting shall be transmitted so as to endanger the public health and safety nor shall it be transmitted into or within any residence district so as to impair the value and enjoyment of any lot therein. No radiant heat shall be perceptible outside the lot where it originates.
H. 
Danger. No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable codes and regulations of the State of New York.
I. 
Ridgeline protection. Buildings, structures, including towers or storage tanks or other improvements, within any area defined as ridgeline shall not, to the maximum extent practicable, be visible above the top of the ridgeline, or above the top of vegetation located within the ridgeline area, from surrounding private property or public rights-of-way in adjoining lowlands or adjoining ridgelines by cause of excessive clearing, building or structure height, or location of any building or structure with respect to the top of the ridgeline; nor shall excessive clearing of any ridgeline area be permitted for the purpose of site access, site landscaping, installation of subsurface sewage disposal systems, or any other modification to the natural land. The term “excessive clearing,” for the purposes of this section, shall mean the removal of more than 10 trees, eight inches or more in diameter at breast height, per quarter acre of land disturbed.
[Added 4-24-2003 by L.L. No. 7-2003; amended 1-22-2004 by L.L. No. 2-2004]
J. 
Stone wall, stone chamber, and root cellar protection.
[Added 4-24-2003 by L.L. No. 7-2003; amended 11-18-2004 by L.L. No. 16-2004]
(1) 
All existing stone walls along or within 100 feet of a public right-of-way or adjoining public property shall be maintained in a state of good repair and shall not be altered except in cases where the public health, safety, and welfare is endangered. Application to alter an existing stone wall under this section must be made to the Town Board. In its deliberations on the application to alter a stone wall, the Town Board may rely on its own assessment of the condition of the wall, its location, its historic and/or aesthetic qualities, and the stated reason for its alteration in determining if the application should be approved. In instances where an application for subdivision or site plan approval is before the Planning Board, the Town Board shall have the authority to make a determination on whether the stone wall may be altered based upon a recommendation from the Planning Board.
(2) 
All existing stone walls, stone chambers, and root cellars within the interior portion of a private property shall, to the maximum extent practicable, be retained as part of any subdivision or site plan approval. Stone walls may be breached to provide vehicular access to a portion of the property, but any new opening shall be kept to a minimum width to allow safe vehicular access.
K. 
No site modification or improvement shall result in a net increase in stormwater flow to a neighboring property or to a modification of any existing watercourse.
[Added 11-18-2004 by L.L. No. 16-2004]
[Amended 1-20-2000 by L.L. No. 1-2000; 11-18-2004 by L.L. No. 16-2004; 8-13-2009 by L.L. No. 1-2009; 12-15-2011 by L.L. No. 12-2011; 3-7-2024 by L.L. No. 1-2024; 11-7-2024 by L.L. No. 6-2024; 9-25-2025 by L.L. No. 6-2025]
No land, building or other structure shall be used for any of the following purposes:
A. 
Any use which does not conform to the performance standards specified in § 138-12.
B. 
Use of a trailer coach, motor home, motor vehicle or tent as a dwelling; trailer camps.
C. 
The placement or use of a trailer or shipping container on any site for any purpose whatsoever, unless such trailer or shipping container is used as a temporary office or storage facility in connection with an ongoing construction project for which a valid building permit has been issued. Said trailer or shipping container shall be removed from the site not more than 30 days after the issuance of a certificate of occupancy for such construction project. This section shall not apply to trailers used to deliver materials or products to a particular location within the town, provided that such trailer does not remain on the site for more than three business days.
D. 
Circus, Ferris wheels or similar amusement devices and outdoor games for profit, except those sponsored by local nonprofit organizations and then only for periods of not more than seven days.
E. 
The outside storage of inoperative, unlicensed and/or unregistered automotive vehicles and the outside storage of all automotive parts.
F. 
Junkyards, auto graveyards and secondhand parts collection areas, except as to those in existence prior to September 21, 1955, and which have a valid operating permit issued pursuant to Chapter 87 hereof, provided that such junkyards, auto graveyards and secondhand parts collection areas in existence prior to September 21, 1955, shall not be enlarged, extended, increased or otherwise modified.
G. 
Fabric-covered storage structures, provided that any structure which has received a permit or certificate of occupancy prior to the enactment of this subsection may remain. Fabric-covered storage structures on commercially zoned properties in existence prior to the enactment of this subsection that were not issued a permit or certificate of occupancy shall have until January 1, 2014, to obtain a conditional use permit from the Planning Board as specified in § 138-60.1.
H. 
Temporary agricultural structures, except those used to support farm uses as defined in § 138-4 and that are located within a listed agricultural district.
I. 
Smoke shops as defined in § 138-4.
J. 
Tier 2 battery energy storage systems.
K. 
Tier 3 solar energy systems.
Parking and loading spaces shall be provided off the street for any use of land and buildings and other structures as specified in Article XI. Required off-street parking and loading spaces shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use. If any existing use is changed to a use for which additional off-street parking or loading spaces are required to comply with Article XI, the additional spaces shall be provided for the use in accordance with the standards of Article XI. All such off-street parking and loading spaces shall be submitted to the Planning Board for its review and approval.
Each of the nonconforming uses and nonconforming features of such uses specified in this section may be continued after the effective date of this chapter for a reasonable period of amortization as specified below, provided that after the expiration of such period of amortization such nonconforming uses or nonconforming features thereof shall then be terminated as specified below:
A. 
Nonconforming signs; prohibited signs. Refer to Article XII, Signs, for all information regarding the termination of nonconforming signs.
B. 
Nonconforming auto junkyards and junkyards. Any nonconforming auto junkyard or junkyard which is nonconforming because it is not permitted in the district may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building.
[Amended 2-19-2015 by L.L. No. 1-2015]
C. 
Nonconforming light manufacturing uses in residential districts. In any residential district, any nonconforming light manufacturing use may be continued for five years after the effective date of this chapter or 15 years after the initial establishment of such use or any addition thereto adding 50% or more to the real value of such use, whichever is the longer period, provided that after the expiration of that period such nonconforming use shall then be terminated.
D. 
Nonconforming parking of commercial vehicles in residential districts. In any residential district, any nonconforming parking of commercial vehicles may be continued for two years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated.
E. 
Nonconforming parking and loading spaces. In any district, nonconforming parking and loading spaces may be continued for seven years after the effective date of this chapter, provided that after the expiration of this period such nonconforming use and feature shall terminate, and provided further that the owner of the nonconforming premises has sufficient available open land at the site to provide parking and loading spaces which conform to the requirements of this chapter.
F. 
Within three years after the effective date of this chapter, the owners of all nonconforming uses situated in or adjacent to residential districts shall be required by the Planning Board to protect the residential character of the surrounding residential lands.
G. 
Modification by the Board of Appeals. If, on application made at least six months before the expiration of the period prescribed above for termination of a nonconforming use or nonconforming feature thereof, the Zoning Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use or nonconforming feature thereof, then the Zoning Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed and such extension can be granted only once for any use.
[Added 4-24-2003 by L.L. No. 7-2003]
A. 
Manufactured slopes.
(1) 
No manufactured slope shall exceed 30 feet in height or have a slope angle steeper than two horizontal to one vertical or 50%.
(2) 
Manufactured slopes shall be rounded and shaped to simulate the natural contours of adjacent slopes.
(3) 
Manufactured slopes shall have a mix of deciduous and evergreen trees at least six feet in height at time of planting located at the base of the slope. Such landscaping shall be maintained on a regular basis, and any plants not in a healthy state shall be replaced within one year at the beginning or end of the growing season, as appropriate to the species.
B. 
Retaining walls. Retaining walls shall be no higher than 10 feet in height. However, a series of retaining walls of 10 feet in height may be constructed to a maximum height of 30 feet. The horizontal distance between each retaining wall (measured from center line to center line) in a series shall be no less than 10 feet and shall be planted with a dense ground cover, noninvasive vine, shrub, or ornamental tree. Such landscaping shall be maintained on a regular basis, and any plants not in a healthy state shall be replaced within one year at the beginning or end of the growing season, as appropriate to the species.