Town of Malta, NY Nonconforming Uses

Lawful use of any building or land existing at the time of the enactment of this chapter may be continued though such use does not conform to the provisions of this chapter, as follows:

Unsafe structures. Any structure or portion of that structure determined to be unsafe by the Town Building Department may be restored to a safe condition.

Restoration. Nothing herein shall prevent the substantial restoration within one year and the continued use of a nonconforming building as existed immediately prior to such damage by fire, flood, earthquake, act of God or act of a public enemy, provided the substantial restoration is made on the existing footprint of the destroyed or damaged building, and meets all building codes.

Alterations. A nonconforming building used for a nonconforming use shall not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost the replacement value of the building unless said building is changed to a conforming use.

Extension.

[Amended 4-1-2019 by L.L. No. 2-2019[1]]

(1)

A nonconforming use shall not be extended, except that an extension of a portion of a nonconforming building use shall be permissible, upon the approval of the Planning Board, if the extension does not exceed 40% of the square footage of the building as it existed at the time it became nonconforming.

(2)

The Planning Board, upon consideration of the factors set forth in § 167-38.1C(10)(a) through (m) of this chapter, may approve such extension of a nonconforming use if the proposed alteration:

(a)

Will not have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding areas, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare or convenience of the public;

(b)

Will not create operations or uses that may reasonably be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination or other outward effects on others in the zone.

(c)

Will be in harmony and promote the general purpose and intent of the Master Plan;

(d)

Will not adversely affect the short-term and long-term cumulative impacts on the environment;

(e)

Will be able to mitigate to the satisfaction of the Planning Board any adverse or irreversible impacts on the environment, including any growth-inducing aspects of the proposed use;

(f)

Will not adversely affect unique and irreplaceable assets or resources of the area; and

(g)

Will be serviced adequately (as determined by the Board) by essential public facilities and services, including, but not limited to, highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewers, groundwater protection, schools, energy conservation, as well as any other additional services as the Planning Board deems appropriate.

(3)

An extension of a nonconforming use is subject to a site plan review under Article VI of this chapter.

(4)

In no event shall an extension under this section be permitted for the construction of new detached structures, regardless of size, or to the expansion of uses, regardless of intensity or degree, that are not a result of the expansion of the structure in which such uses are confined.

(5)

The extension of a lawful use to any portion of a nonconforming building used for a nonconforming use that existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.

[1]

Editor's Note: This local law provided that the provisions of this chapter will lapse 3-4-2021.

Displacement. No nonconforming use shall be extended to displace a conforming use, except as set forth in Subsection D, above.

Abandonment. No nonconforming use which shall have ceased for a period exceeding two years shall be resumed.

Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.