The following provisions shall apply to all buildings, structures
and uses existing on the effective date of this Zoning Law which do
not conform to the requirements set forth herein. The following provisions
shall also apply to all buildings and uses that may become nonconforming
or noncomplying by reason of any subsequent amendment to this Zoning
Law or the Zoning Map which is a part thereof, and to all complying
buildings or land occupied by nonconforming uses.
Any lawful: (i) nonconforming building or structure; (ii) nonconforming
use of any nonconforming building or structure; (iii) nonconforming
use of a conforming building or structure; or (iv) nonconforming use
of land in existence on the effective date of this Zoning Law may
be continued indefinitely if maintained in accordance with all applicable
codes, ordinances, regulations and other requirements, but:
A.
Shall not be enlarged or extended, altered, reconstructed or restored, except as provided in this article, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Zoning Law, except as provided in § 275-72 herein. However, any proposed change to a nonconforming use, building or structure which under this Zoning Law requires special use permit and/or site plan approval shall require special use permit and/or site plan approval in accordance with § 275-79 herein.
B.
Shall not be moved to another location where such use would be nonconforming.
C.
Shall not be changed to another nonconforming use without prior approval
by the Zoning Board of Appeals and then only to a use which is determined
by the Board of Appeals to have the same or a more restricted nature.
If the Board of Appeals approves such changes, they shall conform,
to the extent practical, to current design standards and shall be
subject to site plan approval by the Planning Board.
D.
Shall not be reestablished if such nonconforming use has been discontinued
for any reason, whether through vacancy or cessation of use, for a
period of one calendar year or longer, or has been changed to, or
replaced by, a conforming use for any period of time. Intent to resume
a nonconforming use shall not confer the right to do so.
A.
A nonconforming use may be expanded within an existing structure or on an existing site, provided that the extent of such expansion, whether occurring as a single expansion or as the aggregate of two or more smaller expansions, does not exceed 25% of the gross floor area of the structure or of the site dedicated to the nonconforming use at the time of enactment of this Zoning Law. Any such expansion shall, however, require site plan review and approval by the Planning Board in accordance with Article XII of this Zoning Law. Any proposed extension that singly or cumulatively exceeds 25% of the gross floor area of the structure, but is less than 35%, may be allowed upon site plan approval by the Planning Board. Any proposed extension that singly or cumulatively exceeds 35% of the gross floor area shall require an area variance from the Zoning Board of Appeals.
[Amended 5-21-2015 by L.L. No. 2-2015; 9-16-2021 by L.L. No. 1-2021]
B.
An existing building or structure housing a nonconforming use may
be extended and thereafter occupied by the nonconforming use, provided
that the extent of such addition, whether occurring as a single addition
or as the aggregate of two or more smaller additions, does not exceed
25% of the gross floor area of the existing building or structure
and the addition is in strict compliance with the requirements set
forth for the zoning district in Table B, Schedule of Bulk Regulations,
of this Zoning Law.[1] Any such extension shall require site plan review and approval by the Planning Board in accordance with Article XII of this Zoning Law. Any proposed extension that singly or cumulatively exceeds 25% of the gross floor area of the structure, but is less than 35%, may be allowed upon site plan approval by the Planning Board. Any proposed extension that singly or cumulatively exceeds 35% of the gross floor area shall require an area variance from the Zoning Board of Appeals.
[Amended 5-21-2015 by L.L. No. 2-2015; 9-16-2021 by L.L. No. 1-2021]
[1]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
C.
During the course of site plan review as per Subsections A and B, the Planning Board shall have the power to require such changes, modifications and/or alterations in the nonconforming use, building and/or structure which it determines are necessary to mitigate environmental impacts of the use, building and/or structure identified during the SEQRA review of the application, or to mitigate any adverse impacts upon neighboring properties and the community.
D.
Nothing herein shall prohibit the extension of a permitted use to
any portion of a nonconforming building or structure which existed
prior to the effective date of this Zoning Law.
Nothing contained in this article shall be deemed to prevent normal repair and maintenance, or structural alteration or enlargement, of a nonconforming building or structure, provided such action does not increase the degree of, or create any new, nonconformity with regard to setbacks, height, lot coverage, or other regulations set forth within the Zoning Law pertaining to buildings or structures that would require an area variance from the Zoning Board of Appeals. In making its determination, the Board of Appeals shall apply the criteria for an area variance set forth in Article XV of this Zoning Law. Any noncomplying building or structure declared unsafe by the Zoning Enforcement Officer or Code Enforcement Officer may be restored to a proper condition within the time period provided by same.
Nothing contained in this article shall be deemed to prevent
restoration of a lawful nonconforming use, building or structure after
damage for any reason or by any cause, provided that the bulk, height
and area shall not be in excess of that which existed prior to damage;
that all applicable New York State Uniform Fire Prevention and Building
Code provisions are fully complied with; and that the restoration
is commenced within six calendar months of the damage and is fully
completed within two calendar years of such occurrence.
Each of the nonconforming uses and/or structures specified below
is deemed to be sufficiently objectionable and out of character in
the zoning district in which such use is located so as to depreciate
the value of other property and uses permitted in the district and
otherwise inhibit the proper, safe and orderly development of such
district. Therefore, each such nonconforming use must be and shall
be terminated on or before the expiration of the specified period
of time after the effective date of this Zoning Law. Said period of
time is specified herein as one that is reasonable to permit the authorization
of the remaining value, if any, of such use.
A.
Any nonconforming sign or billboard which does not contain the features as provided in Article X of this Zoning Law shall be deemed to be a nonconforming sign. However, at the time the owner or lessee of property having a nonconforming sign submits an application to the Planning Board for site plan and/or special use permit approval, the nonconforming signs shall be subject to compliance with the provisions of Article X of the Zoning Law.
B.
Any accessory sign existing on or after the effective date of this Zoning Law which advertises a business no longer conducted, product no longer available, or service no longer provided on the premises shall be removed from the premises by the owner of the sign and/or premises upon which the sign is located within 10 days after receipt of written notice from the Zoning Enforcement Officer to remove such obsolete sign in accordance with § 275-54 of this Zoning Law.
C.
Any sign, including supporting structure, unrelated to the activity
on the site, except for off-premises directional signs, shall be removed
not more than one year from the effective date of this Zoning Law.
D.
Any nonconforming automobile wrecking yard or other junkyard shall
be discontinued not later than two years from the effective date of
this Zoning Law.
Any construction, use or occupancy of any land, building or
structure which has been lawfully commenced prior to the effective
date of this Zoning Law pursuant to a valid special use permit, site
plan approval, subdivision approval, variance, operating permit, certificate
of use (occupancy) and/or building permit may be completed and used
in accordance with the conditions of said approval and plans on file
with the applicable board, Code Enforcement Officer or Zoning Enforcement
Officer, provided such construction and/or use is diligently pursued,
and the building, structure or commencement of use of the land is
completed within two calendar years of the adoption of this Zoning
Law or within the time period specified in the applicable approval
and/or building permit, whichever is earlier.
Nothing herein shall prevent an increase in the volume of the
nonconforming use, provided that the increase in volume is not a result
of:
Notwithstanding provisions contained in this article, all nonconforming uses shall comply with the performance standards set forth in § 275-35 of this Zoning Law, regardless of whether the conduct of the use or use of the building or structure was in compliance with those performance standards on the date of the enactment of this Zoning Law.
A.
Any use, structure or building lawfully established prior to the
enactment of the Zoning Law which is not prohibited by the provisions
of this Zoning Law, but which requires the issuance of a special use
permit or site plan approval, shall be deemed to be a nonconforming
use pursuant to this article. In the event any such nonconforming
use, building or structure is changed in a manner which requires the
approval of the Zoning Board of Appeals pursuant to this article,
or any nonconforming use, building or structure is altered, enlarged
or expanded, or any site improvements are added to the site on which
the nonconforming use, building or structure is operated or maintained,
special use permit and/or site plan approval shall be obtained for
any such expansions, alteration, enlargement and/or addition.
B.
In the event a proposed extension or extensions of a nonconforming use pursuant to § 275-72 do not exceed the twenty-five-percent threshold, the Planning Board may, in its discretion, waive the requirement of a special use application and review the plans pursuant to the provisions for site plan review. Any extension that singly or cumulatively exceeds the twenty-five-percent threshold shall require Planning Board special use permit and site plan review and approval. During the course of such special use permit and/or site plan approval process, the Planning Board shall have the power to require such changes, modifications and/or alterations in the nonconforming use, building and/or structure which it determines are necessary to mitigate environmental impacts of the use, building and/or structure identified during the SEQRA review of the application, or to mitigate any adverse impacts upon neighboring properties and the community. Upon approval of a special use permit, the use as permitted shall be deemed to be a conforming use as per § 275-55K of this Zoning Law.
[Amended 5-21-2015 by L.L. No. 2-2015]
C.
This section is not intended to require all nonconforming uses, buildings
or structures which are nonconforming because of their lack of a special
use permit and/or site plan approval under this Zoning Law to obtain
special use permit and/or site plan approval unless there is a change,
alteration, enlargement, or addition to said nonconforming use, building
or structure.
