Town of Wappinger, NY Article IV Application of Regulations

§ 240-12 Existing Town law violations.

[Amended 1-23-2012 by L.L. No. 3-2012]

Where an applicant, person, business firm or corporate entity has received written notification that there is an existing violation of the Zoning Law or other Town laws concerning the premises, no permit of any type shall be issued, processed or approved by the Town for said applicant until such violation is cleared and removed to the satisfaction of the appropriate Town agency or resolved by due legal process, except where said permit will correct the existing violation.

§ 240-13 Conformity required.

No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.

§ 240-14 Minimum requirements.

In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I.

§ 240-15 Conflicting standards.

This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater or lesser restriction upon the use of buildings or land or upon the erection, construction, establishment, movement, alteration or enlargement of buildings than is imposed by other local laws, rules, regulations, licenses, certificates or other authorizations or by easements, covenant or agreements, the more restrictive requirement shall prevail.

§ 240-16 Nonconforming uses and structures.

A. Continuing existing nonconforming uses and structures. Except as otherwise provided herein, the lawfully permitted use of a structure or of land and the lawfully permitted existence of structures existing on the effective date of this chapter or any amendment thereto may be continued even though such use or structure does not conform to the use or dimensional requirements of this chapter. Said uses shall be deemed nonconforming uses and said structures shall be deemed to be dimensionally nonconforming.

B. Nonconforming use of land. Where no structure is involved, the lawful nonconforming use of land may be continued, provided that:

(1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.

(2) Such nonconforming use shall not 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.

(3) If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than two years or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.

(4) No nonconforming use of land shall be changed to another nonconforming use.

C. Nonconforming use of structures. Nonconforming use of a building or structure may be continued, provided that:

(1) Relocation or enlargement.

(a) A building or structure which contains a legal nonconforming use shall not be placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, except that when authorized by special permit of the Planning Board, a building containing a nonconforming use may be moved to a different portion of the lot or parcel of land if the Planning Board finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.

(b) Further, a building or structure which contains a legal nonconforming use shall not be enlarged relative to the size of such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except that when authorized by special permit of the Planning Board, a building containing a nonconforming retail or service business use may be enlarged or extended to an extent not exceeding 50% of the gross floor area of the building devoted to such nonconforming use which legally existed on the date that such use became nonconforming under the terms of the Town of Wappinger Zoning Law.

(c) When the enlargement or extension permitted by this section pertains to a building located in a nonresidential zoning district, the additional gross floor area shall comply with the yard requirements contained in the Schedule of Dimensional Regulations -- Nonresidential Districts herein,[1] and the initial and additional gross floor area shall comply with all of the other requirements of said schedule for the zoning district in which the building is located.

[1] Editor's Note: Said schedule is included at the end of this chapter.

(d) When the enlargement or extension permitted by this section pertains to a building located in a residential zoning district, the additional gross floor area shall comply with the yard requirements contained in Schedule of Dimensional Regulations -- Residential Districts herein,[2] unless the Planning Board determines that larger setback requirements are necessary in order to protect adjacent residential development and the initial and additional gross floor area shall comply with all of the other requirements of said section for the zoning district in which the building is located.

[2] Editor's Note: Said schedule is included at the end of this chapter.

(2) Except in the case of relocation as provided for in § 240-16C(1) herein, such building or structure containing a nonconforming use shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said building or structure in safe condition.

(3) A nonconforming use of a building may be changed only to conforming use.

(4) If such nonconforming use of a building or structure ceases for any reason for a continuous period of more than two years or is changed to a conforming use or, except as provided in § 240-16C(1) herein, if the building in or on which such use is conducted or maintained is moved any distance whatever, for any reason, then any future use of such building or structure and the land on which it is located shall be in conformity with all provisions of this chapter for the district in which it is located.

[Amended 9-24-2001 by L.L. No. 5-2001]

(5) Restoration of nonconforming uses in damaged buildings. The nonconforming use of any building or structure which is destroyed by any means may be continued upon the reconstruction of said building or structure, provided that, except as otherwise permitted by § 240-16C(1) herein, said nonconforming use shall not be enlarged or expanded and the resumption of said nonconforming use takes place within 18 months of the time of its interruption, which period may be extended by the Building Inspector for a maximum of 12 months for good cause.

D. Nonconforming uses subject to additional requirements. In order to bring about the gradual conformance of incompatible uses to the requirements of this chapter, the following requirements are established:

(1) Nonconforming signs. Regardless of any other provision of this chapter, within a period of three years from the November 26, 1990, adoption date of this chapter, every sign which may exist as a nonconforming use in any district shall be discontinued and removed and/or changed to conform to the standards of said district and of the standards and requirements of any sign regulations in effect in the Town at such time.

(2) Nonconforming junkyards. Notwithstanding the provisions of § 240-16A through C, in addition to the requirements set forth in any other Town ordinance, special ordinance, local law or other regulation, every junkyard which, after the November 26, 1990, adoption date of this chapter, may exist as a nonconforming use in any district shall, within a period of three years from the November 26, 1990, adoption date of this chapter, comply with the following requirements:

(a) Notwithstanding any contrary provisions in § 240-21F of this chapter, the junkyard shall be entirely surrounded by a solid fence or a chain-link fence with privacy slats; the fence shall be a minimum of eight feet in height and not more than 12 feet in height. This fence shall be maintained in good condition and shall be supplemented by coniferous screening which is six feet to eight feet high at the time of planting. Both the fence and the conifers shall be approved by the Planning Board as adequate to provide appropriate screening for the adjoining property.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[3]; 5-14-2018 by L.L. No. 6-2018]

[3] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

(b) The yards between the fence or screening and the boundaries of the lot shall be used only for landscaping and for driveways located at places designated by the Planning Board. Landscaping shall be specifically approved by the Planning Board, shall be sufficient to screen the junkyard and fence from surrounding properties and shall consist primarily of evergreen planting.

(c) The height of materials stored within the fenced area shall not be greater than one foot less than the height of the fence.

(d) No residential use shall be permitted on a site used for a junkyard exclusive of the owner's dwelling.

[Amended 9-24-2001 by L.L. No. 5-2001]

(e) Only one sign shall be permitted facing each public street. Signs shall be located in front yard, shall be no larger than 20 square feet in area and shall be no higher than seven feet.

(f) Use of a junkyard shall be limited to the storage of materials for salvage purposes, not including unbaled paper or rags or any other materials which would be a nuisance because of dust, odor or fire hazard. Use of a junkyard for the dumping of garbage or refuse shall not be permitted. Burning of any materials within the junkyard shall be prohibited.

E. [4] Improvement of nonconforming uses. In order that nonconforming uses may gradually be brought into greater conformity with this chapter and the adverse external effects of such uses may be reduced, upon application to and approval of a special use permit by the Town Board and approval of a site development plan by the Planning Board, the owner of any land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking areas and access drives, or by any other appropriate means, these purposes may be achieved. The Town Board and the Planning Board may grant approval or approval with modifications, provided that said Boards find that the purposes of this section would be furthered by such action.

[4] Editor's Note: Former Subsection E, Registration of nonconforming uses, was repealed 1-28-2013 by L.L. No. 6-2013. This local law also provided for the redesignation of former Subsections F, G and H as Subsections E, F and G, respectively.

F. Dimensionally nonconforming buildings and structures. A building or structure which is conforming in use, but does not conform to the height, yard, building coverage, parking or other dimensional requirements of this chapter, shall be considered to be dimensionally nonconforming. Except for such alteration, maintenance and repair work as is required to keep said building or structure in safe condition, no permit shall be issued nor shall any changes or alterations be made on such building or structure that will result in the increase of any such nonconformity. Any building or structure or portion thereof may be altered to reduce its dimensional nonconformity.

G. Reconstruction of damaged structures.

(1) If any nonconforming building or structure shall be totally destroyed by any means to an extent of 100% of the replacement cost of the entire building or structure as determined by the Town Assessor after any necessary consultation with the Building Inspector, it shall not thereafter be repaired, reconstructed or used except in conformity with the provisions of this chapter for the district in which it is located.

(2) The reconstruction of all nonresidential nonconforming buildings or structures shall be subject to site plan approval by the Planning Board. The Planning Board shall determine the degree to which such nonconforming buildings or structures shall be required to conform with the requirements of the Zoning Law. The Planning Board shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the Town Comprehensive Plan, the proposed reconstruction and any other consideration it deems appropriate.

H. Notwithstanding the above, the conversion of any dwelling prior to January 29, 1963, to a two-family or multifamily dwelling without the Town's approval shall be considered a valid conversion. This section does not affect the conforming or nonconforming status of the use in accordance with this chapter, and does not affect the applicability of the Uniform Fire Protection and Building Code to such use.

[Added 9-10-2020 by L.L. No. 3-2020]

§ 240-16.1 Shed amnesty.

[Added 4-28-2003 by L.L. No. 5-2003]

A. Applicability. This section shall apply only to the following types of sheds and small accessory structures constructed or erected prior to January 1, 1997, without benefit of a building permit and meeting the following criteria:

(1) Sheds and small accessory structures having a size of 100 square feet or less and that are:

(a) Without electrical service;

(b) Not located in a front yard; and

(c) Not located in a water, sewer, storm sewer or other utility easement; or

(2) Sheds having a size from 101 square feet to 200 square feet or sheds with a size of 100 square feet or less with electrical service and that are:

(a) Not located in a front yard;

(b) Not located in a water, sewer, storm sewer or other utility easement; and

(c) Located at least six feet from the rear or side property line.

B. Amnesty. Such sheds and small accessory structures shall be exempt from the side and rear setback requirements of the Zoning Code except as stated above and shall be eligible for a certificate of legal nonconformity issued by the Building Inspector, Zoning Administrator or Fire Inspector upon registration of the shed or small accessory structure with the Building Inspector and upon submission of the owner's certification as hereinafter provided.

C. Registration of sheds. Unless a valid certificate of occupancy exists for a shed or small accessory structure, as of the date of this section, all property owners must register sheds with the Building Inspector on or before December 31, 2003, and apply for a certificate of legal nonconformity upon forms to be supplied by the Office of the Building Inspector.

D. Owner certification. Any residential owner who registers a shed erected prior to January 1, 1997, may obtain a certificate of legal nonconformity for said shed or small accessory structure upon submission of an owner's certification containing the following information:

(1) A three-inch-by-five-inch color photograph of the shed or small accessory structure;

(2) Proof that the shed or small accessory structure was purchased and erected prior to January 1, 1997, or, in the absence thereof, execution of an affidavit by the property owner and one other disinterested party attesting under the penalties of perjury that the shed had been erected and in place prior to January 1, 1997;

(3) Confirmation that the shed or small accessory structure is not located on a water, sewer, storm sewer or other utility easement; and

(4) For those sheds or small accessory structures containing less than 100 square feet with electric service and for all sheds or small accessory structures between 101 and 200 feet, certification that the shed is at least six feet from the side and rear property line.

(5) For all sheds with electrical service, submission of an electrical survey (certificate of compliance or equivalent) must be supplied by a third party electrical inspector approved by the Town Board. Note: It may be necessary to obtain a building permit for the purposes of obtaining the third party electrical survey.

E. Certificate of legal nonconformity. Upon registration of the shed or small accessory structure and the submission of an owner's certification, the property owner will be entitled to a certificate of legal nonconformity issued by the Building Inspector, Zoning Administrator or Fire Inspector indicating that the shed or small accessory structure is not in violation of any Building or Zoning Codes of the Town of Wappinger.

F. Setback requirements for sheds not registered. Effective with the adoption of this section, all setback requirements for sheds and small accessory structures constructed prior to January 1, 1997, but were not registered by December 31, 2003, and sheds and small accessory structures constructed after January 1, 1997, shall comply with the setback requirements set forth in the Schedule of Dimensional Regulations - Residential Districts.

G. Enforcement; penalties.

(1) This section shall be enforced by the Building Inspector, Zoning Administrator or Fire Inspector of the Town of Wappinger.

(2) Any person who fails to register a shed pursuant to this section or who submits false information on a property owner's certification shall be subject to a fine of up to $500.