Town of Mount Pleasant, NY Article V Nonconforming Uses, Lots and Structures

§ 218-77 Continuation.

Except as otherwise provided in this article, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses.

§ 218-78 Nonconforming use of land.

Where no building is involved, the nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall it be extended, to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such nonconforming use 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; and provided further that if such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than one year or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use.

§ 218-79 Undersized Lots.

A permit may be issued by the Zoning Inspector for the erection of a dwelling or a nonresidential building in any district in which such uses are permitted, excluding those uses permitted by special permit only, on a lot or parcel for which a valid conveyance or contract of sale has been executed and delivered prior to the date of the adoption of this chapter or of an amendment thereto, provided that such lot or parcel was legally conforming to the provisions of the Zoning Ordinance in effect at the time that such valid conveyance or contract of sale was recorded, notwithstanding that the area or dimensions of such lot or parcel are less than that required under the provisions of this chapter for the district in which such parcel or lot lies, provided that all building setbacks and other requirements are complied with, except as provided in Subsection B below, and provided that such lot or parcel does not fall within the provisions of Subsection A below:

A. Where the owner of a lot or parcel smaller than is required by this chapter for the district in which it lies also owned or had under contract to purchase at the time of the passage of this chapter or of an amendment thereto other lots or parcels contiguous thereto, such other lots or parcels, or so much thereof as may be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a zoning permit may be issued, but only for such combined lots or parcels even though their total is less in area than required by this chapter for the district in which they lie.

B. On any nonconforming lot, as defined above, which does not have sufficient width to permit conformance to the requirements established in the Schedule of Regulations,[1] a permit may be issued for the use of such lot with side yards provided in accordance with the following standards:

[Amended 11-22-2005]

	Width of Lot at Front Yard Setback Line (feet)	Minimum Side Yard Width (feet)	Minimum Percentage of Lot Width for Sum of Both Yards
	Less than 65	10	40%
	65 but less than 75	12	40%
	75 but less than 85	12	44%
	85 but less than 100	15	48%

[1] Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-80 Nonconforming use of buildings.

A. A building or structure the use of which does not conform to the use regulations for the district in which it is situated shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated.

B. Such nonconforming building shall not be structurally altered unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

C. A nonconforming use of a building may be changed only to a conforming use.

D. If any nonconforming use of a building ceases for any reason for a continuous period of more than two years or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the regulations specified by this chapter for the district in which such building is located.

E. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which said building was located, and the subsequent use of any existing building of conforming use and of any new building erected thereon, shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.

§ 218-81 Nonconformity other than use.

A building that is conforming in use but does not conform to the height, yard or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of § 218-80. However, no permit shall be issued that will result in the increase of any nonconformity in height, yard space or land coverage.

§ 218-82 Restoration of damaged buildings.

If any nonconforming building shall be destroyed by any means to an extent of more than 50%, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of this chapter for the district in which it is located. Where the destruction of such nonconforming building is less than 50%, it may be restored and the nonconforming use continued, provided that the total cost of such restoration does not exceed the replacement value of the destroyed portion of the building at the time of its destruction, and further provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion.

§ 218-83 Nonconforming signs.

Regardless of any other provision of this chapter, every sign which, after the adoption of this chapter, may exist as a nonconforming use in any district, shall be discontinued and removed or changed to conform to the regulations of said district within a period of two years from the date of this chapter. Subject to the provisions of this section, all of the provisions of this article shall apply to every nonconforming sign.

§ 218-84 Effect on buildings under construction.

Any building for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter or of an amendment thereto, and the ground-story framework of which, including the second tier of beams, has been completed within six months of the date of the permit, may be completed in accordance with plans on file with the Zoning Inspector, provided that a such construction is diligently prosecuted and the building is completed within one year of such date, unless the permit is extended by the Town Board.

§ 218-85 Effect on special uses.

Any use lawfully existing at the time of the adoption of these regulations or of any amendment thereto, in the district in which such use is classified herein as a special use, shall, without further action, be deemed to be a conforming use in such district. Any extension of or addition to such use shall meet all requirements of these regulations.