Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
Any lawful use of a structure or of land existing on the effective date of this chapter may be continued even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.
Where no structure is involved, the lawful nonconforming use of land may be continued, provided that:
A. 
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.
B. 
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.
C. 
If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than six months or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.
D. 
No nonconforming use of land shall be changed to another nonconforming use unless it is similar or less nonconforming as determined by the Zoning Board of Appeals.
The nonconforming use of a building or structure may be continued, provided that:
A. 
A building or a structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use (also see § 150-14).
B. 
Such nonconforming building shall not be structurally altered to an extent greater than 50% of its value, as determined by the Town Board of Assessors, unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.
C. 
A nonconforming use of a building may be changed only to a use of similar or less nonconformity, as determined by the Zoning Board of Appeals.
D. 
If any nonconforming use of a building ceases for any reason for a continuous period of more than one year or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.
E. 
If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
The use of land or the use of a building or a structure which is deemed to be a nonconforming use in the terms of this chapter may be permitted a limited enlargement or extension by the Board of Appeals, provided that the following procedures and requirements are strictly adhered to or complied with:
A. 
Application for any proposed enlargement or extension of a nonconforming use shall be made in writing to the Zoning Administrator.
[Amended 9-6-1988 by L.L. No. 15-1988]
B. 
The required information and plans (in triplicate), which must accompany the application, shall be the same as specified in this chapter for special uses. (See § 150-36.)
C. 
Upon receipt of an application, the Zoning Administrator must review and judge its completeness. If found incomplete, the application must, within 14 calendar days of its original receipt, be returned to the applicant with specific written comments on actions required to bring it into compliance. If, upon resubmission by the applicant, the application again does not fulfill the written requirements originally set forth by the Zoning Administrator, it shall, within seven calendar days, be returned to the applicant with written notification of which stipulated requirements are still not in compliance. Subsequent resubmissions thereafter shall be treated in a similar manner to a first resubmission.
[Amended 9-6-1988 by L.L. No. 15-1988]
D. 
If forwarded to the Board of Appeals, a copy of the application and plans shall be forwarded to the Planning Board for its review and recommendation(s), which report shall be made to the Board of Appeals within 30 days of receipt of the copy of application. The Planning Board shall review any such application based on the zoning standards for the district in which located, the considerations and standards set forth in § 150-35A through D and the specific standards set forth in this section. If no report is given by the Planning Board within 30 days, the Board of Appeals shall take action without reference to such report.
E. 
Before taking action on any such application, the Board of Appeals shall give notice and hold a public hearing in the same manner as required by law for appeals or other matters referred to it. In acting on any application for the enlargement or extension of a nonconforming use, the Board of Appeals shall have the same powers, duties and responsibilities as prescribed by law for appeals and other matters referred to it. It shall also take careful consideration of the report and recommendations made by the Planning Board on any particular application, plus the general standards applying to special uses, § 150-35A through D, which shall also apply in the enlargement or extension of a nonconforming use.
F. 
No enlargement or extension of a nonconforming use shall be permitted unless such enlargement or extension meets all of the following standards or conditions:
(1) 
Any enlargement or extension shall not be greater in floor area or in cubical content or in coverage or use of the land than 25% of the gross floor area or cubical content of the existing building(s) or of the actual area of land use of the premises which was occupied by or devoted to a nonconforming use at the time of the adoption of the zoning provisions making such use nonconforming.
(2) 
The lot or premises of the existing nonconforming use shall be at least one acre in area and shall have a minimum width of 150 feet and a minimum depth of 150 feet.
(3) 
Any enlargement or extension shall be set back from any street line not less than the setback of the existing building or land use and shall be set back from all other boundaries a distance twice the required side and rear setbacks for the zoning district in which located.
(4) 
Off-street parking shall be provided for the existing use(s), plus that for any enlargement or extension, in the amount, type and location as required by the general parking provisions of this chapter.
(5) 
To protect the values, character and general enjoyment of any existing or future adjacent residential or other permitted uses, suitable landscaping, natural buffer strips, walls or fencing shall be provided along the boundaries of the lot or premises, of the parking and loading areas or of any other outdoor facility. The purpose of such landscaping, buffer strips, walls or fences shall be to prevent or minimize any adverse effects due to noise, increased pedestrian or vehicular traffic, dust, fumes or like factors which an enlargement or extension of a nonconforming use may have on the existing or future use of adjacent lands.
(6) 
The architectural design of any enlargement or extension shall be the same as that of the existing building.
(7) 
The proposed enlargement or extension applied for shall be the minimum necessary to preserve the economic stability of the existing nonconforming use and provide for its adequate general upkeep and repair.
If any building legally nonconforming in use shall be destroyed by any means, it may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located. All repairs or reconstruction for such nonconforming use shall be completed within two years of the date on which the destruction occurred.
In order to bring about the gradual conformance of incompatible uses to the requirements of this chapter, the Planning Board may recommend and the Board of Appeals may require specific standards and restrictions in accordance with the requirements of § 150-14F. The Town Board may also establish specific additional requirements for particular nonconforming uses.
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 not be considered to be nonconforming within the meaning of § 150-13 herein. However, no permit shall be issued nor shall any changes be made on such building or structure that will result in the increase of any such nonconformity.
A. 
For the purpose of this section, a lot and the buildings and structures located on it which was created pursuant to the provisions of Section 312.02 of the Town of Fishkill Zoning Ordinance adopted December 21, 1962, which conformed to all of the requirements of that section, shall not be considered to be nonconforming within the meaning of § 150-13 herein.