[Amended 12-30-1987 by L.L. No. 9-1987; 1-16-2003 by L.L. No. 1-2003]
A.
It is the purpose and intent of this article to reduce
or minimize impacts of uses and buildings which do not conform to
the use or bulk requirements set forth in this chapter, and of all
uses and buildings that become nonconforming by reason of any subsequent
amendment to this chapter and of all buildings containing nonconforming
uses so as to promote the harmonious and compatible use of land and
property within the Town of New Paltz.
B.
Accordingly, it is the general policy of the Town
of New Paltz that the nonconforming use of lands or buildings are
not to be expanded, enlarged, relocated, changed or rebuilt, except
in accordance with the standards set forth in this article. Further,
the existence of any nonconformity shall not of itself be considered
grounds for the approval of a variance for the property on which such
nonconformity is located or for any other property.
Except as provided hereinafter with respect
to certain uses, any lawful use of a building, structure, lot or lands
which existed on the effective date of this chapter, or which existed
at the time of any subsequent amendment thereto which applied to such
use, may be continued indefinitely, regardless of change of title,
possession or occupancy or right thereof, notwithstanding that such
use of a building, structure, lot or lands does not thereafter conform
to the provisions of this chapter, except that such use:
A.
Enlargement. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except as provided in § 140-43, Subsection F hereof.
B.
Relocation. Shall not be moved to another location
where such use would be nonconforming.
C.
Change to nonconforming use. Shall not be changed
to another nonconforming use without approval by the Zoning Board
of Appeals and then only to a use which is a more restrictive nonconforming
use or to a use which is more nearly conforming to the requirements
of the district in which it is located. Such change of use shall require,
if applicable, site plan approval by the Planning Board.
(1)
If changed to a more restricted nonconforming use,
such building, structure, lot or lands shall not be changed back to
a less conforming use.
D.
Change to conforming use. If changed to a conforming
use, such building, structure, lot or lands shall not thereafter be
used for the same or any other nonconforming use.
E.
Repair or reconstruction of a damaged building containing
a nonconforming use.
(1)
A building containing a nonconforming use which has
been damaged by fire or other causes to the extent of more than 50%
of its fair market value shall not be repaired or rebuilt unless such
building is used for a conforming use.
(2)
The burden of demonstrating entitlement to a building
permit to rebuild or to restore the damaged portion of any building
containing a nonconforming use that will be continued shall be on
the applicant for such permit. Such permit application shall be filed
within six months of the day of such damage and shall be accompanied
by plans for reconstruction which demonstrate compliance with the
requirements of this section. If such permit is issued, it shall expire
six months after the date on which the permit is issued, unless reconstruction
in accordance with the approved plans has been completed. The time
to file a building permit application, and the expiration of such
permit, may each be extended once by the Building Inspector, on good
cause shown, for an additional period that does not exceed three months.
(3)
A lawfully existing nonconforming use of a damaged
building or structure maybe continued, but not enlarged or extended,
if the nonconforming use is reestablished within one year of such
damage. If the restoration of such building is not completed within
such time, the nonconforming use of such building shall be deemed
to have been discontinued, unless such nonconforming use is carried
on without interruption in the undamaged portion of such building.
F.
Expansion or enlargement of structures used for nonconforming
uses. Notwithstanding any other provision of this chapter, a special
exception permit may be issued by the Planning Board to allow the
expansion of a structure which is devoted to a nonconforming use to
an extent not exceeding, in the aggregate, the lesser of 10% of the
floor area of the principal structure which lawfully existed on the
effective date of the provision(s) of this chapter which first made
such use nonconforming or 1,200 square feet of floor area and which
otherwise complies with all applicable use requirements of this chapter,
upon finding that:
(1)
Practical difficulties prevail in operating the premises
or structures in the presently existing nonconforming manner and that
the proposed expansion or enlargement would constitute reasonable
adjustment of the existing nonconforming use or reduce the degree
of the nonconforming use; and
(2)
The proposed expansion or enlargement will not have
a deleterious effect on the neighborhood of the existing nonconforming
use. In determining deleterious effect, the Board shall take into
consideration, among other things, traffic safety, nuisance characteristics,
manner of operation, total ground area covered by the structure and
the appearance and condition of the premises; and
(3)
The proposed expansion or enlargement will not be
more incompatible with or adversely affect the nature and character
of the neighborhood and neighborhood structures, nor have any significant
adverse affect on the value of adjoining properties; and
(4)
Adequate or on-site parking and loading space will
be provided for all potential users; and
(5)
The proposed expansion will not unduly restrict fire
and police protection of the premises and of surrounding properties.
[Amended 10-3-2019 by L.L. No. 7-2019]
A.
A nonconforming building not located in the Gateway Districts may
be repaired, enlarged, altered, extended, reconstructed, restored
or relocated, provided that such action does not create any new noncompliance
or increase the degree of noncompliance with regard to the regulations
pertaining to such building.
B.
In the event a nonconforming building not located in the Gateway
Districts has been damaged by fire or other causes to the extent of
more than 50% of its fair market value, it shall not be repaired or
rebuilt unless the nonconforming aspects of any portion of such building
being reconstructed, restored or rebuilt are reduced to the maximum
extent practicable.
C.
A nonconforming building located within the Gateway Districts may
be altered, extended, reconstructed, restored or relocated only in
accordance with the standards of the applicable Gateway District.
Nothing in this article shall be deemed to prevent
normal repair and maintenance of any building nor, upon the issuance
of a building permit and any other required approvals, major structural
alterations or demolitions necessary in the interest of public safety.
In granting such a permit, the Building Inspector shall state the
precise reason why such alterations or demolitions were deemed necessary.
A.
The nonconforming use of a building or structure shall
he deemed abandoned by operation of law, and the reinstitution or
revival of such use shall not be permitted, when such nonconforming
use of buildings or other structures has been discontinued for any
reason, whether through vacancy or cessation of use, for a continuous
period of one year or has been changed to or replaced by a conforming
use. The intent to resume a nonconforming use shall not confer the
right to do so.
B.
The nonconforming use of land or premises shall be
deemed abandoned by operation of law, and the reinstitution or revival
of such use shall not be permitted, when such nonconforming use of
land or premises has been discontinued for any reason, whether through
vacancy or cessation of use, for a continuous period of six months
or has been changed to or replaced by a conforming use. The intent
to resume a nonconforming use shall not confer the right to do so.
A.
A residential lot lawfully existing prior to August
23, 2001, which was otherwise conforming as to the area regulations
of the district in which it is located and which was made nonconforming
as to lot frontage by reason of the adoption of Local Law No. 4 of
the year 2001 (effective August 23, 2001, whether or not such lot
was within, and part of, a subdivision duly approved by the Planning
Board of the Town of New Paltz and duly filed in the office of the
Ulster County Clerk, in that such lot does not have the minimum lot
frontage on a public highway and does not abut land in the same ownership
having such frontage may be used for a single-family dwelling, without
the necessity of obtaining a variance, provided that the lot otherwise
complies in all respects with the area requirements of the district
in which it is located and the Planning Board finds that the proposed
means of access to such dwelling is safe and convenient.
B.
Any lot held in single and separate ownership prior
to the adoption of this chapter and whose area and/or lot width and/or
lot depth are less than the respective minimum lot requirements specified
for the district in which such lot is located may be considered as
complying with such minimum lot requirements, and no variance shall
be required, provided that:
(1)
Prior to August 23, 2001, and all times thereafter,
such lot did not adjoin any other lot or property held by the same
owner such that the aggregate area of such lots or property would
equal or exceed the minimum lot area required for the district in
which the lot is located; and
(2)
Such lot has an area of at least 5,000 square feet.
(3)
If it is to be used for residential purposes, such
lot shall have sufficient area and dimensions to accommodate a single-family
dwelling and adequate septic facilities, if no public sewer is available,
including a minimum lot width of at least 50 feet at the required
setback line, and the following minimum yard dimensions:
(4)
In any district where residences are permitted, such
nonconforming lots may be used for not more than one single-family
dwelling.
A.
No lot shall be reduced in area so that it is nonconforming
as to lot area or any other area requirements of this chapter.
B.
A lot of nonconforming size may be divided for the
sole purpose of allowing each and every subdivision of such lot to
be conveyed to the owners of contiguous property and merged into the
adjoining properties. In such ease, the Planning Board shall review
and approve such conveyance by a plan showing adjustment of the lot
lines of the affected properties.
Any lot proposed for residential use in a subdivision
duly approved by the Planning Board after the effective date of this
chapter which conforms to the applicable lot area, lot width or bulk
requirements of this chapter at the time of approval but which is
made nonconforming as to area, width or bulk requirements by any future
amendment of this chapter shall be considered as complying with such
requirements for three years after the date of the filing of such
subdivision plat in the office of the Ulster County Clerk.
