Any lawful building, structure or use of premises existing at
the time of enactment of this chapter, or any subsequent amendment
thereof applying to such building, structure or use of premises, may
be continued although such building, structure or use of premises
does not conform to the provisions thereof.
A.
Notwithstanding any other provisions of this chapter, any nonconforming
auto wrecking yard, junkyard, billboard, structural advertising or
sign in existence at the date of enactment of this chapter shall at
the expiration of four years from such date become a prohibited and
unlawful use and shall be discontinued. Nonconforming exterior storage
of commercial vehicles and nonconforming storage of industrial equipment
shall at the expiration of two years from such date become a prohibited
and unlawful use and shall be discontinued.
B.
Any undeveloped lot in a subdivision which was not properly approved
by the Planning Board and/or not filed in the office of the County
Clerk and whose area and/or depth are less than the specified minimum
lot requirements and average density requirements of this chapter
shall be considered a violation of this chapter.
No nonconforming use shall be extended to displace a conforming
use.
A building or structure or portion thereof of nonconforming
use declared unsafe by a proper authority may be repaired or restored
to a safe condition. An unsafe building may be replaced, provided
that the new building does not exceed the original building's dimensions.
A nonconforming use of a building, structure or land may be
changed to another nonconforming use more nearly conforming to the
requirements of the district in which it is situated.
Any building or structure for which construction was begun prior
to the effective date of this chapter, or any subsequent amendment
thereof applying, may be completed and used in accordance with the
plans and specifications for that building or structure.
Alterations to any building or part thereof which is used to house a nonconforming use shall be made only on a permit issued by the Board of Appeals subject to the condition and safeguards set forth in § 190-44 of this article. A nonconforming building may be altered only if such alterations shall conform with the regulations contained in this chapter.
A.
Any lot held in single and separate ownership prior to the adoption
of this chapter and whose area is less than the specified minimum
lot requirements of this chapter for the district may be considered
as complying with such minimum lot requirements and no variance shall
be required, provided that:
(1)
Such lot does not adjoin any other 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)
Such lot has an area of at least 15,000 square feet and a minimum
width of at least 60 feet at the required setback line to be used
for any purpose.
(4)
Height of accessory building not to exceed the height of the existing
building or 20 feet.
(5)
All other bulk requirements for that district are complied with.
B.
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
C.
A lot of nonconforming size may be subdivided if each and every subdivision
of such lot is purchased by the owner or owners of the adjoining properties
to increase the size of said owners' or owner's property or properties.
A.
No lot shall be reduced in area so that any required area or open
space will be less than prescribed in the regulations for the district
in which said lot is located. Whenever such reductions in lot area
occur, any building located on said lot shall not thereafter be used
until such building is altered, reconstructed or relocated so as to
comply with the area and yard requirements applicable thereto. These
provisions shall not apply when a portion of a lot is taken for a
public purpose.
B.
If 25% of the block frontage on the same side of the street is improved
with buildings having a greater or lesser depth of front yard than
is required by this chapter, new buildings shall have a front yard
whose depth shall not be less than the least depth of front yard of
such existing buildings.
A.
In accordance with Town Law § 265-a, any lot proposed for
residential use in a subdivision whose plat delineates one or more
new streets, roads or highways, and which said subdivision plat has
been properly approved by the Planning Board, and filed in the office
of the County Clerk, prior to the passage of this chapter, and whose
area and/or width and/or depth are less than the specified minimum
lot requirements of this chapter for that district shall be considered
as complying with such minimum lot requirements for two years after
the filing of the subdivision plat.
B.
If at the time of the filing of the subdivision plat referred to
above there was no planning board vested with authority to approve
subdivision plats, then the exemption provided for in such subdivision
shall apply for a period of one year after the filing of said subdivision
plat in the office of the County Clerk.
Where a district boundary line divides a lot in single or joint
ownership of record at the time such line is adopted, the regulations
for the less restricted portion of such lot shall extend no more than
30 feet into the more restricted portion, provided that the lot has
frontage on a street in the less restricted district.
Only on a permit by the Board of Appeals shall a building used
to house a nonconforming use be restored if damaged or destroyed by
fire, flood, earthquake, act of God or act of public enemy. Substantial
restoration shall be made within six months, but this time limit may
be extended by such Board in case of practical difficulty or hardship.
When a nonconforming use has been abandoned, it shall not thereafter
be reestablished.
Whenever the boundaries of a district shall be changed so that, under the regulations that apply in the changed area, a conforming use shall become a nonconforming use, the foregoing provisions of § 190-43 above shall apply to such nonconforming use.
