A.
Except as provided in this article, any use of land
or a building or structure or part thereof established at the time
that this chapter or any amendment hereto becomes effective may be
continued subject to the provisions of this article, although such
building, structure or use does not conform to the provisions of the
district in which it is located.
B.
Determination of continuation of a lawful nonconforming
use. A lawful nonconforming use shall be considered established on
such effective date only if:
(1)
Such use of land, building, structure or part thereof
is lawfully maintained prior to and on the effective date;
(2)
Substantial construction is under way under a valid
zoning and building permit prior to and on the effective date. Substantial
construction shall be interpreted as the expenditure of a sum on excavation
and construction to exceed 25% of the estimated cost of such structure
or improvement as stated in the zoning and building permit. The issuance
of a zoning and building permit shall not be sufficient to establish
a vested right to the permitted use and entitle the property to a
nonconforming use status; or
(3)
Substantial planning and development has been undertaken
in a real estate subdivision for the proposed construction of single-family
dwellings as set forth in an R-1 District prior to the effective date
of this chapter to the extent that major roadways have been cut in
and installed which serve to connect subsections within the subdivision;
that parklands have been dedicated and installed through the subdivision;
and that the Planning Board has previously for the past seven years
approved sufficient prior subsections consisting of at least 25% of
the land area contained in the overall development as shown on a subdivision
map before the Planning Board. The nonconforming use status shall
only apply to those lots in such a real estate subdivision for a period
of 14 years from July 1, 1971, the effective date of this chapter,
provided that such lots have a minimum frontage of 100 feet at the
building line and a minimum area of at least 15,000 square feet, except
that those lots affected by a zoning change of the Town Board dated
May 7, 1968, may have a lot area of not less than 14,000 square feet,
and provided further that in any such real estate subdivision the
total number of lots developed after July 1, 1978, which fail to meet
the minimum area requirement of 18,000 square feet shall not exceed
165.
[Amended 9-5-1978 by Res. No. 235][1]
[1]
Editor's Note: Former Subsection C, Registration
and permit to continue existing lawful nonconforming uses, which immediately
followed this subsection, was repealed 10-27-1992 by L.L. No. 8-1992.
[Amended 10-27-1992 by L.L. No. 8-1992]
When a nonconforming use of land, building or
structure has been discontinued for a period of not less than one
year, it shall not thereafter be reestablished and the future use
of the land, building or structure shall be in conformity with the
terms of this chapter.
A.
Automobile wrecking yards and junkyards. Any nonconforming
automobile wrecking yard and/or junkyard in existence at the time
of effective date of this chapter or an amendment thereto shall be
discontinued in those districts where such use is not allowed within
three years from such effective date.
C.
Mobile homes. Any mobile home used for living or sleeping
purposes, but not located in a mobile home park or trailer park, which
shall have been in existence and was so used and occupied at the effective
date of this chapter, shall continue to remain a nonconforming use
while so used or occupied as a residence, but if any such mobile home
shall be removed then said nonconforming use of the land shall cease.
D.
Yard uses. Any prohibited yard use specified in § 220-16A(2) of this chapter which becomes nonconforming upon the effective date of this chapter shall be altered so as to conform within two years after such effective date.
[Amended 6-6-2000 by L.L. No. 2-2000]
A.
No nonconforming use shall be changed to other than
a conforming use for the district in which it is situated.
[Amended 9-19-1974 by Res. No. 276]
A.
General. A nonconforming building may be structurally
altered as long as cumulative alterations do not add more than 10%
to the usable floor area of said building or structure as it existed
on July 1, 1971, and when a valid zoning and building permit has been
obtained. Such alteration shall not tend to increase any inherent
nuisance, nor shall such alterations violate any provisions of this
chapter regarding yards, lot area or lot coverage for the district
in which it is situated or increase any existing violation of such
provision.
B.
Side and rear property lines. Subsection A notwithstanding, the Building Inspector may issue a building permit for an addition to a nonconforming residential structure which brings the addition into a nonconforming side or rear yard no nearer to a side or rear property line than the existing structure and no nearer than 1/2 the distance specified in a particular residential zoning district.
[Amended 10-27-1992 by L.L. No. 8-1992]
A nonconforming use is hereby required to be
maintained in such a condition as will not constitute a danger to
the safety, health or general welfare of the public. Repair of the
nonconforming use, in order to comply with the provisions of this
section, will be permitted, provided that such repair shall not increase
any inherent nuisance, nor be an extension or alteration of the structure,
nor violate any provisions of this chapter regarding yards, lot area
or lot coverage for the district in which it is situated or to increase
any existing violations of such provisions. Failure to comply with
these requirements shall cause a lawful nonconforming use to be automatically
terminated when maintenance has not been completed within 12 months
of notification of the owner by the Zoning Enforcement Officer.
A.
Damage. Any nonconforming building or structure or
building or structure containing a nonconforming use which is damaged
by fire, flood, wind, earthquake, act of nature or man shall not be
reoccupied, reused and/or repaired or reconstructed except in conformity
with this chapter unless such repair or reconstruction is completed
within 12 months of the damage. Failure to so repair or reconstruct
within 12 months shall cause a lawful nonconforming use to be automatically
terminated. The Town Board is empowered to extend this period upon
receipt of a written request from the owner at least 30 days in advance
of the expiration of the twelve-month period.
B.
Exemption of dwelling buildings and structures. The limitations of Subsection A shall not apply to a building or structure utilized as a dwelling or accessory building thereto which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which located, except that no dwelling, building or structure shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.
