Beekman City Zoning Code
ARTICLE X
Nonconforming Buildings, Lots and Uses
§ 155-58 Regulations.
A.
Continuation. The lawful use of any structure, uses or lots existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter.
B.
Any building for which a building permit has been issued prior to the enactment or amendment of this chapter and erection of which is in conformity with the plans submitted prior to the enactment shall be commenced within 90 days after the effective date of such enactment or amendment. If such building does not conform to the provisions of this chapter, it shall be a nonconforming use.
C.
Lots in approved subdivisions. Any lot in a subdivision whose final plat has been approved by the Town of Beekman Planning Board, and filed with the County Clerk prior to passage of this chapter and whose area or other bulk requirements are less than the specified minimum lot requirements of this chapter for the district in which it is situated shall be considered as complying with such minimum lot requirements.
D.
Furthermore, it shall be the intent of this chapter to provide for the regulation of such existing uses, lots and structures by specifying the circumstances and conditions under which they may continue.
E.
Nonconforming lots. Any lot, which lawfully existed on the effective date of this chapter and fails to meet the area, shape, frontage or other applicable requirements of this chapter, shall be considered a legal nonconforming lot.
(1)
A structure may be constructed on a legal nonconforming lot, provided that:
(a)
It meets with the current zoning regulations relating to coverage, setbacks, parking and landscaping for the district in which the lot is located, or it has been granted the necessary variances by the Zoning Board of Appeals.
(b)
The Dutchess County Board of Health has approved the sewage disposal and water supply system.
(2)
Any abutting nonconforming lots which are owned by the same owner or owners, notwithstanding any subsequent conveyance(s), shall be considered as one merged lot for the purpose of this chapter, unless more than one livable structure exists on the merged lot.
F.
Nonconforming structures. Any structure, which lawfully existed on the effective date of this article and fails to meet the bulk regulations as set forth in Schedule B[1] or other applicable requirements of the chapter, shall be considered a legal nonconforming structure.
(1)
Restoration. If a nonconforming structure is destroyed or damaged by fire, flood, explosion or other casualty, said structure may be restored in the same form and location but without enlargement or extension. Such restoration shall be completed within one year of casualty.
(2)
Enlarging, extending or altering. No nonconforming structure shall be enlarged, extended or altered except for the following:
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
G.
Nonconforming uses.
(1)
Nonconforming use of land where no structure is involved. A nonconforming use of land where no structure is involved may be continued, provided that:
(a)
Enlarging or extending use. 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)
Reduction in size. The lot on which such nonconforming use is located shall not be reduced in size.
(c)
Moving. Such nonconforming use shall not be moved in whole or in part to another portion of the lot or parcel.
(d)
Changes. A nonconforming use shall not be changed to any use which is substantially different in nature and purpose from the former nonconforming use except to those uses which are permitted in the district in which the use is located.
(e)
Discontinuance. For any reason whatsoever, if the nonconforming use of land is inactive or ceases for a period of one year, or is changed to a conforming use, any future use of such land shall be in conformity with all the provisions of this chapter.
(2)
Nonconforming use of structures. The nonconforming use of a structure may be continued subject to the following restrictions:
(a)
Enlarging or extending structure. Such structure shall not be enlarged or extended beyond the present structure.
(b)
Reduction in size. The lot on which such nonconforming use is located shall not be reduced in size.
(c)
Alterations or reconstruction of structure. Such alteration, maintenance and repair work as required to keep said structure in a safe condition.
(d)
Changes. A nonconforming use shall not be changed to any use which is substantially different in nature and purpose from the former nonconforming use except to those uses which are permitted in the district in which the use is located.
(e)
Restoration. If a structure housing a nonconforming use is destroyed or damaged by fire, flood, explosion or other casualty, said structure may be restored in the same form, use and location but without enlargement or extension. Such restoration shall be completed within one year of the casualty.
(f)
Moving. No building or structure containing a nonconforming use shall be moved unless the result is to terminate the use.
(g)
Discontinuance. When a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with this chapter.
H.
Previously approved construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been issued and the construction of which shall have been started within 90 days of the date of the adoption of this chapter even though such proposed building, structure or use does not conform to one or more provisions of this chapter.
I.
District changes. Whenever the boundaries of a zoning district are changed so as to transfer an area from one district to another of a different classification, the provisions of this section shall also apply to any nonconforming uses existing therein.
J.
Title. No change in title, possession or right of possession shall be deemed to affect the right to continue a nonconforming use, building or structure.
K.
Violations; discontinuation of nonconforming status. In addition to other penalties prescribed by law, any of the following violations shall immediately terminate the right to operate the nonconformity:
(1)
The owner of the nonconformity has taken action increasing the nonconformity of the land, structure or use, not in compliance with the provisions of this chapter.
(2)
The owner of nonconformity has abandoned the land, structure or use of the structure for a period greater than one year.
(3)
A nonconforming use has been changed to another nonconforming use.