It is the policy of the Town of Tuxedo to provide for the continuation of nonconformities where, of themselves, such nonconformities do not endanger the public health, safety and welfare. Nonconformities are classified in order of their detriment to the public interest as follows:
Nonconforming junkyards, garbage dumps, open storage yards, trailers and unimproved parking areas.
Nonconforming signs in residence districts.
Nonconforming signs in other districts.
Nonconforming uses in all districts.
Buildings not in compliance with bulk regulations in all districts.
Uses or buildings not in compliance with supplementary regulations, other than performance standards.
Residential uses which are nonconforming uses for the district in which located.
Nonconforming vacant lots of record.
Each of the classifications shall be subject to the nonconforming use regulations herein. Where the circumstance exists that multiple nonconforming classes exist for a single use or building, each of the classes shall be treated individually as set forth in these regulations. Example: The nonconforming use of a junkyard, in violation of performance standards and with a nonconforming sign in a residence district, shall be subject to the regulations as follows:
It is the intent of the Town Board and it is hereby declared that failure to comply with the performance standards represents an imminent hazard to the public health, welfare and safety. Notwithstanding any other provision of this chapter, operations or uses which violate the provisions of § 98-18 shall be terminated or brought into compliance with those regulations within two weeks of notice of such nonconformity.
In hearing any appeal from the provisions of this section, the Board of Appeals may grant relief from these provisions only upon a showing that the violation will not present an imminent hazard to human life, the public health and safety, in addition to those requirements set forth in Article VIII. Any variance in the time for correction of the violation shall be the minimum consistent with the intent of these regulations.
Each of the nonconforming uses specified herein is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and to blight the proper and orderly development and general welfare of such district and the community to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use.
In any district, any nonconforming use of open land, including such uses as a parking lot, trailer, junkyard or open storage yard for materials or equipment, may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall be terminated.
In any residence district (§ 98-12, Part I), any sign not of a type permitted or of a permitted type but greater than the maximum permitted size may be continued for one year following the effective date of this chapter, provided that after the expiration of that period, such nonconforming use shall be terminated.
In any nonresidential district (§ 98-12, Part II), any sign not of a type permitted or greater than the maximum permitted size may be continued for a period not to exceed one year for each $15,000 of original value. In determining the period of time, the beginning date of amortization is the date such sign became nonconforming by virtue of this or any previous regulations.
A nonconforming use is any use, whether of a building or a tract of land, or both, existing on the effective date of this chapter, which does not conform to the use regulations of the district in which it is located.
The following provisions shall apply to all uses existing on the effective date of this chapter which do not conform to the use regulations set forth in this chapter and to all uses that become nonconforming by reason of any subsequent amendment to this chapter.
Nonconforming uses, nonresidential. Nonconforming uses, other than residences, of buildings or open land, except those specified in § 98-30 herein, may be continued indefinitely, but:
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in Subsection C(4), or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter; nor shall any external evidence of such use be increased by any means whatsoever.
Shall not be moved to another location where such use would be nonconforming.
Shall not be reestablished if such use has been discontinued for one year or more or if replaced by a conforming use.
Shall not be restored for other than a conforming use after damage, for any reason, exceeding 50% of its value exclusive of foundations.
A noncomplying building is any building which contains a use permitted in the district in which it is located, but which does not conform to the district regulations, for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit.
Noncomplying buildings may be continued, repaired, structurally altered, moved, reconstructed or enlarged, provided that such action does not increase the degree of or create any new nonconformity to district bulk regulations.
Any of the uses permitted by right in § 98-9, (use table) Column A, for districts listed in § 98-12, Part I (bulk tables residential districts), which are located in districts in which such uses are nonconforming shall be exempt from the provisions of § 98-28. Such uses may continue as a use permitted by right, provided they shall comply with the bulk and area regulations of the most restrictive district in § 98-12, Part I, in which such uses would be conforming as to bulk on the effective date of this chapter.
A residential plot separated by other land not in the same ownership and nonconforming as to bulk on the date of enactment or the effective date of subsequent amendments to this chapter, whether or not located in and part of a subdivision approved by the Planning Board of the Town of Tuxedo and filed in the office of the Orange County Clerk, which does not have a total plot area as specified for residential use in § 98-12, may be used for any uses permitted by right in the zoning district in which the plot is located, provided that such uses comply with the bulk and area regulation as specified in the highest residential district having the same or less plot width.
Two or more nonconforming subdivision lots, not in separate ownership, in a subdivision approved by the Planning Board prior to the effective date of this chapter shall have three years from the date of final approval by the Planning Board to obtain a building permit under the provisions of Subsection A. Any nonconforming plot in a subdivision finally approved by the Planning Board more than three years prior to the effective date of this chapter shall not be eligible to receive a building permit; and said subdivision, or part or plot thereof, shall be resubmitted to the Planning Board in accordance with the applicable provisions of this chapter and of the Town Subdivision Regulations.
Any plot in a subdivision approved by the Planning Board after the effective date of this chapter which conforms to the bulk, width and depth requirements of this chapter but which is made nonconforming as to bulk, width or depth by any future amendment of this chapter shall have three years from the effective date of the future amendment or three years from the date of final approval, whichever is sooner, to obtain a building permit under Subsection A. Any subdivision plot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this chapter, and Subsection A shall be inapplicable to such a plot.