Town of Highlands, NY Article VI Nonconforming Uses and Nonconforming Buildings or Structures

§ 210-37 Application of regulations.

These provisions shall apply to all buildings or structures, and all uses of buildings, structures or lots lawfully existing prior to the effective date of the ordinance from which this article is derived, or of subsequent amendments, revisions or reenactments of this article, which do not conform to the provisions of said original zoning ordinance, or to such revisions or reenactments on their effective dates.

§ 210-38 Unlawful buildings, structures or uses not to be construed as nonconforming.

No unlawful building or structure or unlawful use of a building, structure or lot existing at the effective date of the ordinance from which this article is derived shall be deemed to be a nonconforming building, structure or use.

§ 210-39 Continuance.

A. Use. Any lawful use occupying any building, structure, lot or land at the time of the effective date of the ordinance from which this article is derived, or any amendment hereto, which does not comply after the effective date of the ordinance from which this article is derived, or any amendment hereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied, except as provided in § 210-39B.

B. Restoration of a nonconforming use building. A building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.

C. Restoration of building. A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, and the provisions of § 210-39B shall not apply, except that the degree of nonconformity shall not be increased.

D. Nonconforming lot. Any residential lot held in single or separate ownership which, as a result of the adoption of the ordinance from which this article is derived or any subsequent amendment hereto, does not have sufficient area, width or depth shall be deemed, nevertheless, to comply with such minimum lot requirements, and no variance shall be required by the original owner or any subsequent owner to obtain a building permit to construct a single-family dwelling thereon, provided that:

(1) Such lot does not adjoin any other lot or lots held by the same owner at any time subsequent to the adoption of the original zoning ordinance or any amendment to this article increasing required lot dimensions whose aggregate area, width or depth is equal to or greater than the minimum lot area, width or depth required for that district.

(2) The proposed dwelling and/or yard and bulk dimensions comply with all other zoning regulations for the district in which it is located.

E. Building on nonconforming lot. An existing building designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.

F. A sign in existence on the date of the adoption of this article which does not comply with all of the provisions contained in this article may nevertheless continue upon the lot on which it is presently located for a period of five years from the date of the adoption of this article. At the end of the five-year period, such nonconforming sign must be either removed or made to comply with all of the provisions of this article and all other applicable laws, rules and regulations pertaining thereto, except the provisions of § 210-36 from which nonconforming signs are hereby deemed exempt. If any sign is used, in whole or in part, to advertise a business different than the business being advertised on the sign on the effective date of this article, such sign shall lose its nonconforming status as provided in this section.

[Added 1-14-1986]

§ 210-40 Extension.

A nonconforming use shall not be enlarged or extended, except as provided in Article VII.

§ 210-41 Change of use.

A nonconforming use shall be changed only to a conforming use, except as provided in Article VII.

§ 210-42 Abandonment.

A nonconforming use shall be deemed to have been abandoned:

A. When it is changed to a conforming use.

B. In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months.