A.
A use, building, lot or structure lawfully in existence as of the
effective date this chapter and nonconforming with it or any subsequent
amendment may be continued, except as otherwise provided herein with
respect to specific uses. Upon request, the Building Inspector III
may issue certificates of nonconformance to owners or operators of
bona fide nonconforming uses, buildings or structures who desire confirmation
of their rights hereunder.
B.
It is the purpose of this article to limit the injurious impact of
nonconforming uses, buildings, lots and structures on other adjacent
properties within a particular district and the community as a whole,
while recognizing that alterations, continuations and extensions of
nonconforming uses, buildings or structures may not be contrary to
the public interest or the general purpose of this chapter, when failure
to allow such alteration, continuation or extension would itself lead
to neighborhood or district deterioration.
C.
It is further the purpose of this article to set forth those standards
which are to be applied by the Town in determining the reasonableness
of proposals to alter, continue or extend a nonconforming use and
to establish when Town review and approval shall be required for such
actions.
D.
The protections extended by this article to existing nonconforming
uses, buildings, lots or structures, commonly known as "grandfathering,"
shall not extend to any illegal or unapproved nonconforming activity
occurring subsequent to the effective date of this chapter, as amended.
A.
Normal maintenance and repair activities, such as painting, replacing
a roof or fixing gutters, shall be permitted. Also permitted are alterations,
such as adding or removing windows, and interior renovations that
do not structurally alter buildings, add living areas or result in
extended or increased nonconforming use of a building, lot or structure.
B.
Increases in outside storage or display of retail or wholesale inventory,
which in the ordinary course of business would be sold within one
year, shall be permitted, provided they do not eliminate parking spaces,
unoccupied open spaces or accesses required by this chapter. Notwithstanding
this provision, however, the Planning Board, in reviewing any special
use application for expansion or upon determining, with respect to
any present use, that a condition exists which requires remedies,
may establish limits on such storage or display or require removal
of inventory (altogether or to another location on the site) to preserve
adequate sight distances and residential buffers or otherwise protect
public health, safety and welfare.
A.
If less than 75% of the floor area of any nonconforming use, building
or structure is damaged, it may be restored or reconstructed within
18 months of the date of the damage, with an extension in time allowable
at the Planning Board's discretion where proven necessary to the Planning
Board. If more than 75% is affected, then the replacement or reconstruction
shall be permitted by special use permit.
B.
A nonconforming use, building or structure may be reestablished within
a period of 12 months after it has been discontinued or vacated, with
an extension of 12 months allowable where proven necessary to the
Planning Board.
C.
A nonconforming use, building or structure shall be considered abandoned
under the following circumstances:
(1)
The intent to discontinue the use is made obvious by the posting
of signs, boarding up of windows, failure to pay taxes or assessments
or other measures which demonstrate the enterprise is going out of
business or the use is otherwise ending; or
(2)
The building has not been occupied for 12 months or more; or
(3)
The nonconforming use has been replaced by a conforming use or changed
to another use under permit from the Town; or
(4)
The equipment and furnishings used in furtherance of the nonconforming
use have been removed from the premises.
D.
The Building Inspector III, on determining these circumstances exist,
shall, by a notice delivered by certified mail to the property owner's
last known address in the Town's tax records, so notify the property
owner of record, informing the owner the use is considered abandoned
and may not be reestablished. If the notice is returned as undeliverable,
the Town Clerk shall publish the notice once in a newspaper of general
circulation in the Town and/or post the property and the owner shall
be presumed to have been notified.
Excepting for specific activities provided for above and accessory
uses, all changes and additions to nonconforming uses shall be considered
special uses, and permits for alterations, changes in use or additions
shall be granted only after a determination by the Planning Board
that the following conditions have been, or will be, satisfied.
A.
There shall be no expansion in the amount of land area outside a
nonconforming facility which is used for storage of materials, supplies
and/or products, excepting with respect to those types of uses specifically
provided herein.
B.
Where the nonconforming activity is one which necessarily results
in the storage of large quantities of material, supplies or products
outside (such as a lumberyard), the Planning Board may require dense
evergreen screening sufficient to shield all such materials from the
view of adjacent landowners and/or the traveling public.
C.
No addition, change or expansion of a nonconforming use shall further
violate setback and/or height regulations of the district in which
it is located in any material way. Moreover, no change of use shall
be to one of less restrictive classification, as determined by the
Planning Board. A nonconforming retail enterprise could be converted
to a barber shop, for example, but not to an industrial use.
D.
There shall be no increase in the amount of stormwater runoff for
the site over what was existing as of the date of the enactment of
this chapter. The USDA Natural Resources Conservation Service, a professional
engineer or other appropriate professional may be relied upon to recommend
appropriate measures to control stormwater runoff. Such measures shall
be attached as conditions of approval by the Planning Board.
E.
In no case will a change, addition or extension of a nonconforming
use be allowed which would result in a traffic increase which would
decrease the level of service for the highway, the diversion of traffic
closer to a nearby residence or a substantial modification of any
of the parking and unloading requirements of this chapter. If the
total number of parking spaces for the site is to be increased more
than 25% over those available as of the date of this chapter, the
Planning Board may require vegetative screening of the parking area
from nearby residential areas.
F.
The use may only be expanded or extended onto another property of
record if that property is immediately adjacent to the lot on which
the original structure or use was located as of the effective date
of this chapter or amendments hereto and the use is not one which
has been altogether prohibited as a new use under this chapter.
G.
Should the use proposed for expansion or extension be one which is
specifically prohibited as a new use in the Town or is determined
by the Planning Board to be one similar to such a use or of such a
nature as to impose health, safety or welfare concerns which cannot
be satisfied by the imposition of the conditions permitted under this
chapter, the requested expansion or extension shall be denied.
A structure may be erected on any existing lot of record, provided
no yard is reduced to less than 50% of the requirement for the district
in which it is located or 10 feet, whichever is greater; and a sewage
disposal system meeting New York State standards can be placed on
the lot should public facilities be unavailable.
