Any lawful structure, use or lot existing at the time of enactment of the local law codified in this title, or any subsequent amendment thereof applying to such structure, use or lot, may continue, although such structure, use or lot does not conform to the provisions of this title provided:

A.

Nothing in this chapter contained shall be construed to render lawful any use not lawfully conforming to provisions of the town zoning ordinance repealed in Article 17, the local law codified in this title.

B.

A nonconforming structure or use is not expanded, enlarged, or extended or increased.

C.

Every permanent sign other than signs approved in an approved site plan or those signs for which a sign variance has been granted and lawfully existing at the time of enactment of the local law shall comply with the requirements of Chapter 17.52. Such nonconforming sign shall be removed or altered in a manner to conform with Chapter 17.52 within five years of the effective date of the law.

(LL No. 1, 2021, § 1)

A.

A structure or lot which is used for or occupied by a nonconforming use and which is changed to or replaced by a conforming structure or use, shall not thereafter be used for or occupied by a nonconforming use or structure.

B.

When a nonconforming use has been discontinued for a period of one year, it shall not thereafter be re-established, and the future use shall be in conformity with this title.

(LL No. 1, 2021, § 1)

A.

Except as specified in Section 17.56.060 a nonconforming structure, use or lot may be maintained, repaired, or restored to a safe condition.

B.

Nothing in this title shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the code enforcement officer.

C.

Any maintenance, repair or restoration of a nonconforming structure shall comply with the applicable provisions of the state uniform fire prevention and building code.

(LL No. 1, 2021, § 1)

A structure for which a building permit was issued prior to the effective date of the local law codified in the law, or prior to the effective date of any subsequent amendment of the local law codified in this chapter, may be completed and used in accordance with approved plans and specifications for the structure.

(LL No. 1, 2021, § 1)

Any lot of record prior to the adoption of the local law codified in this chapter, and whose area is less than the specified minimum lot requirements in Section 17.16.020 may be considered as complying with such minimum lot requirements and no variance shall be required, provided that the following minimum conditions are met:

A.

Such lot does not adjoin any other lot or lots held by the same owner where the aggregate area of such adjoining lot is equal to or greater than the minimum lot area required in Section 17.16.020.

B.

A septic permit from the one of the following agencies is issued for the nonconforming lot and a copy of such permit is provided to the town prior to commencement of any construction thereon:

1.

State department of environmental conservation;

2.

State department of health;

3.

County health department;

4.

County sewer district.

C.

For residential use listed in Section 17.12.010, such lot shall have a minimum area of at least six thousand (6,000) square feet and minimum width of fifty (50) feet at the required setback line and have the following minimum yard setbacks:

1.

Side yard: six feet.

2.

Rear yard: fifteen (15) feet.

3.

Front yard: twenty (20) feet.

D.

For general or business use listed in Section 17.12.010, such lot shall have a minimum area of at least thirty thousand (30,000) square feet and minimum width of one hundred (100) feet at the required setback line and have the following minimum yard setbacks:

1.

Side yard: six feet.

2.

Rear yard: fifteen (15) feet.

3.

Front yard: twenty (20) feet.

E.

Accessory structures shall be located as follows:

1.

A minimum of three feet from any rear or side lot line.

2.

Behind the rear line of a residential building.

3.

In accordance with all other requirements specified in Chapter 17.40.

In any district where residences are permitted, such undersized nonconforming lot may be used for not more than one single-unit dwelling.

(LL No. 1, 2021, § 1)

A.

Any nonconformity that meets the criteria noted below shall be open to the provisions of Title 17 and must adhere to all applicable requirements of Title 17. If these conditions cannot be met than the existing nonconformity may not be extended, altered, or modified in any way. Any existing nonconforming structure, use and/or lot or any nonconforming structure, use and/or lot previously approved in a site plan shall comply with all applicable provisions of this title when such nonconforming structure, use and/or lot is proposed to be extended, altered, or modified in a manner that:

1.

Increases the lot area being dedicated to or used for an existing or approved nonconforming structure, use and/or lot by more than fifty (50) percent of that which is existing or approved in a previously approved site plan; or

2.

Has a verified estimated cost of construction or installation for such extension, alteration or modification that exceeds fifty (50) percent of the assessed value of the nonconforming structure, use and/or lot at the time that such construction or installation is proposed; or

3.

A nonconforming building is renovated or structurally altered during its life to an extent exceeding, in aggregate, a value that is fifty (50) percent of the replacement cost of the building.

B.

Repair or Reconstruction of Damaged Nonconforming Structure. A nonconforming structure damaged by fire, flood or other causes shall comply with Section 17.36.120. The applicable provisions of Chapters 17.36 through 17.52 shall be utilized when the reconstruction or repair costs for such damaged structure are estimated to be more than fifty (50) percent of the assessed value of such damaged structure at the time of such damage.

(LL No. 1, 2021, § 1)

Building permit shall not be issued for any lot that is reduced in area so that it creates a nonconforming bulk or density in violation of this title.

(LL No. 1, 2021, § 1)