Continuance. Any nonconforming use which existed lawfully
at the time of adoption of this chapter may be continued, subject
to the following provisions.
Relocation. A nonconforming use may not be moved in
whole or in part to any other location within the current lot or to
any other location within the Village of Lake George.
Modification. A nonconforming use shall not be changed
to any other nonconforming use; nor shall a nonconforming use be changed
to any other use unless such change is of the same or a less nonconforming
nature and only with prior approval by the Planning Board.
Destruction. If any building or structure in which
a nonconforming use is conducted is hereafter removed, or destroyed
by fire, wind, explosion, structural failure or natural causes, to
the extent of 75% or more of its fair market value at the time of
such damage, the use shall not be reinstated, unless a special use
permit for the use is granted by the Planning Board.
Discontinuance. If a nonconforming use is discontinued
for a period of 12 consecutive months, it shall expire, and any subsequent
use on that lot shall conform to the regulations of the district in
which it is located.
Continuance. Where a lawful structure, building or
lot exists at the effective date of adoption or amendment of this
chapter that could not be built under such adoption or amendment by
restriction on the lot area, lot coverage area, height, yards or other
characteristics of the structure or its location on the lot, such
structure may be maintained so long as it remains otherwise lawful,
subject to the following provisions.
Expansion. Nothing in this chapter shall prevent the
strengthening or alteration to a safe condition of all or part of
a building or structure that is nonconforming, provided that the repair
or alteration will not increase the height, size or volume of the
building or structure or otherwise increase the nonconformity.
Should such structure or building be moved for any
reason, it shall thereafter conform to the regulations for the district
in which it is located after it is moved.
A nonconforming building or structure is hereby required
to be maintained in such condition as will not constitute a danger
to the health, safety, or general welfare of the public.
A building or structure, or a portion thereof, shall
be deemed discontinued if the building or structure is vacant for
12 consecutive months, or, if in a lesser period of time, there is
a manifestation of a clear intent on the part of the owner to abandon
the nonconforming building or structure.
If deemed discontinued, such building or structure
shall not be reestablished, and any subsequent use shall not commence
until the building or structure is brought into conformity with the
provisions of the district in which it is located.
Restoration. A nonconforming building or structure
destroyed or damaged by fire, wind, explosion, structural failure,
or natural causes to the extent of 75% or more of its fair market
value at the time of such damage shall not be repaired or rebuilt
unless the appropriate variances are granted by the Zoning Board of
Appeals.
Completion of substantially constructed structures.
Nothing contained in this chapter shall require any change in plans,
construction, alteration or designated use of a structure for which
substantial construction work has lawfully commenced prior to the
adoption of this chapter.
Present uses. Any lawfully existing water-based activities as of the adoption of this chapter are deemed preexisting uses ("grandfathered"), with the exception of existing personal watercraft operations which fall subject to § 143-5 of the Navigation Chapter of this Code.
Existing and grandfathered nonconforming water-based
activities may not be expanded but may be relocated to another parcel
of property, subject to site plan approval by the Planning Board.
Any existing water-based activity is deemed grandfathered if, as of the adoption of this chapter, such use was permitted either by a permit issued from either the Village Board of Trustees, Planning Board, Zoning Board of Appeals or the Lake George Park Commission, with the exception of existing personal watercraft operations which fall subject to § 143-5 of the Navigation Chapter of this Code.
Any lawfully preexisting water-based activity that
is deemed grandfathered is transferable to a new owner of the real
estate upon which such use existed and shall be deemed "to run with
the land."
The two parasailing operations existing as of May
19, 2003, are deemed grandfathered. These two parasailing operations
operate from premises designated as Tax Map Nos. 251.18-3-58, 251.18-3-60,
251.18-3-61 and 251.18-3-57. Each of these grandfathered parasailing
operations may be relocated to another premises upon site plan review
by the Planning Board.
Any lawfully existing water-based activity that is
discontinued for a period of one year by any operator, either by inactivity
or reduction in number of units, may not be permitted thereafter.
With respect to preexisting dock rental activities, the failure to
rent one or more docks offered for rental in a particular year or
years shall not be deemed a discontinuance of such activity hereunder
with respect to any such unrented docks.
A hotel/motel use existing in any district at
the time of the adoption of this chapter, or any amendments thereto,
shall be deemed a conforming use upon the lot then devoted to such
use, provided that such use has been legally established.