[1]
Editor's Note: The title of this article was amended
2-5-2013 by L.L. No. 1-2013 to include the wording "Preexisting, Legal
Nonconforming Natural Gas and/or Petroleum Extraction Activities."
The lawful use of any land or building existing
at the time of the adoption of this chapter may be continued, although
such use does not conform with the provisions of this chapter, and
any such building may be reconstructed or structurally altered and
the nonconforming use therein changed, subject to the following regulations.
A.
Additions. A nonconforming building or use shall not
be added to or enlarged unless such nonconforming building or use
is made to conform to the regulations of the district in which it
is located.
B.
Alterations. A building nonconforming as to use may
not be reconstructed or structurally altered during its life to an
extent exceeding in aggregate cost 50% of the fair value of the building,
unless the use of such building is changed to a conforming use.
C.
Changes. A nonconforming use may be changed to another
nonconforming use of the same or higher classification according to
the provisions of this chapter, and when so changed, such use shall
not thereafter be changed to a nonconforming use of a lower classification.
D.
Discontinuance. Whenever a nonconforming use has been
discontinued for a period of one year, any future use shall be in
conformity to the provisions of this chapter. A reasonable interim,
however, between tenants or occupants shall not be construed to mean
discontinuance.
E.
Restoration. A building nonconforming as to use which
has been damaged by fire or other causes to the extent of not more
than 50% of its fair value may be restored, reconstructed or used
as before, provided that the bulk, height and area requirements shall
not exceed that which existed before said damage. Said restoration
must be completed within two years of such occurrence, or the use
of the building or land as a legal nonconforming use thereafter shall
be terminated.
F.
Removal. If any building in which any nonconforming
use is conducted is hereafter removed, the subsequent use of the land
on which such building was located and the subsequent use of any building
erected thereon shall conform with the regulations of the district.
G.
Validity of permit. Any building for which a permit
has been lawfully granted and on which the construction has been started
and diligently prosecuted before the effective date of this chapter
may be completed.
[Added 2-5-2013 by L.L. No. 1-2013]
A.
Notwithstanding any provision of this chapter to the contrary, any natural gas and/or petroleum extraction activities that are being conducted in the Village as of the effective date of this § 293-30.1, shall be subject to the following:
(1)
If, as of the effective date of this § 293-30.1, substantive natural gas and/or petroleum extraction activities are occurring in the Village, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC") and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections B and C of this § 293-30.1.
(2)
Natural gas and/or petroleum extraction activities that are being conducted in the Village as of the effective date of this Local Law No. 1-2013 and which do not qualify for treatment under the preceding Subsection A(1) of this § 293-30.1 shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
B.
Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this Local Law No. 1-2013 by virtue of Subsection A(1) of this § 293-30.1, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related "grandfathering rights") of or relating to such activity shall terminate.
C.
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection A(1) of this § 293-30.1 is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this Local Law No. 1-2013. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection A(1) of this § 293-30.1.
