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.
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.
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, 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%
|
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.
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.
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.
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.
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.