All uses and buildings and other structures lawfully existing
prior to the adoption or amendment of this chapter not conforming
to the regulations of the district in which they are located at the
time of the enactment of this chapter or amendment hereto shall be
known and regarded as "nonconforming," and the following regulations
shall apply to them.
[Amended 12-18-2019 by L.L. No. 8-2019; 3-17-2021 by L.L. No. 2-2021]
A nonconforming building or use may be continued but may not
be changed to another nonconforming use. No additions to or extensions
of a nonconforming building or use may be made exceeding 50% of the
existing nonconforming footprint of the existing building. Any expanded
footprint pursuant to this section must comply with the minimum horizontal
separation from adjoining buildings as provided by the New York State
Building Code then in effect. Any such expanded footprint shall not
increase any nonconformance with setback requirements adjacent to
or along a public road. A second story may be added to any single-story
building to be expanded pursuant to this section; provided, however,
that all second-story expansion must comply with the New York State
Building Code then in effect and shall be limited to the existing
footprint or expanded footprint. Subsequent to such an extension,
addition, or addition of a second story to a nonconforming building
or use, there shall be no further additions or extensions except in
accordance with the regulations of the district in which such building
or use is located. Any nonconforming use conducted all or partially
in the open may not be expanded by more than 50% of the service capacity
of the use conducted all or partially in the open.
If a nonconforming building or use is subsequently changed to
conform to the regulations of the district in which it is located,
it shall not again be altered or used except in accordance with such
regulations. If a nonconforming building is destroyed by any cause
to the extent of 75% or more of its assessed value or its bulk, it
shall not be rebuilt and reoccupied except in conformity with the
regulations of the district in which it is located. No nonconforming
sign or billboard, if blown down or otherwise demolished or taken
down, shall be reconstructed or replaced. The vacation of a nonconforming
building or use for a consecutive period of one year shall be deemed
a permanent vacation, and thereafter the building shall not be reoccupied
except in conformity with the regulations of the district in which
it is located, and the use shall not be resumed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The above limitations shall not apply to a building or other
structure which is nonconforming only in respect to required yard
space or area per dwelling unit, except that no such building or other
structure shall be altered to or reconstructed to extend further into
an already deficient yard space or to reduce an already deficient
amount of land area per dwelling unit.
Notwithstanding the limitations imposed by any other provision
of this chapter, any lot held in single and separate ownership prior
to the adoption of this chapter and whose area or width is less than
the specified minimum lot requirements of this chapter for the district
may be considered as complying with such minimum lot requirements,
and no variance shall be required for the issuance of a building permit,
provided that:
A.
Such lot does not adjoin any other lot or lots held by the same owner,
whose aggregate area is equal to or greater than the minimum lot area
required for that district.
B.
Such lot has an area of at least 6,000 square feet and a minimum
width of at least 60 feet at the required setback line, if it is to
be used for residential purposes.
D.
All other bulk requirements for that district are complied with.
E.
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
Lots smaller than 6,000 square feet and/or with less than 60
feet of lot width may not be built upon.
No nonconforming use conducted entirely in the open may be changed
to another nonconforming use.
Temporary permits may be authorized by the Planning Board, and
issued by the Zoning Officer and Code Enforcement Officer, for a period
not to exceed one year, for a nonconforming use incidental to a housing
or construction project, including such structures or uses as storage
of building materials and machinery, the processing of building materials
and a real estate office located on a tract being offered for sale,
provided that such a permit is issued upon written agreement by the
owner to remove the structure or structures or the use upon expiration
of the permit. Such a permit may be annually renewed for a total period
not exceeding three years.
