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Caroga Town City Zoning Code

NONCONFORMANCE

NONCOMPLIANCE

PURPOSE

PURPOSE:

  1. The general purpose of regulating nonconforming uses, and noncomplying structures and lots, is to allow for the continued existence of such uses, structures and lots after a zoning change which would otherwise prohibit such use, structure or lot while gradually bringing everything into conformance by regulating how such uses and building or structure can be reestablished, repaired and restored.

  2. This Article shall allow nonconforming uses and noncomplying structures or lots to be physically maintained, and encourage their upkeep so as to preserve safety, functionality and appearance within the Town.

CONTINUATION

  • CONTINUATION:

    Any nonconforming use, or noncomplying structure or lot which existed lawfully at the time of enactment of this Ordinance and any amendment approved thereof may be continued, subject to the requirements in this Article.

    • NONCONFORMING USES OF LAND

  • NONCONFORMING USES OF LAND:

    1. A nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this Ordinance and any amendment approved thereof.

    2. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this Ordinance and any amendment approved thereof.

    3. A nonconforming use of land shall not be changed to another nonconforming use.

    4. A nonconforming use of land, which is discontinued shall not be lawfully reestablished as a nonconforming use. Subsequent uses shall conform to the regulations of the district in which the use is located.

    5. A nonconforming use of land shall be deemed to have been discontinued if the use has been discontinued for a period of 12 consecutive months.

    • NON-CONFORMING USES OF BUILDINGS

    NON-CONFORMING USES OF BUILDINGS:

    1. A nonconforming use of a building shall be subject to the following requirements:

      1. Additions:

        1. Additions or enlargements to a building occupied by a nonconforming use shall not be allowed unless the use thereon is made to conform to all use regulations of the district in which it is located.

      2. Change of Nonconforming Use:

        1. A nonconforming use of a building may be continued, discontinued, or changed to a conforming use. When so changed, the nonconforming use may not be resumed.

        2. In no case shall a nonconforming use be changed to a different nonconforming use.

      3. Discontinuance:

        1. A nonconforming use of a building or a portion thereof which is discontinued shall not be lawfully reestablished as a nonconforming use. Subsequent use shall conform to the use regulations of the district in which the building is located.

        2. A nonconforming use of a building shall be deemed to have been discontinued if the building has been vacant or not utilized for a period of 12 consecutive months.

      4. Restoration:

        1. A nonconforming use of a building which is more than 50 percent destroyed as measured as a percent of floor area and as certified by either the Code Enforcement Officer or their designee shall be rebuilt, repaired, restored, or rehabilitated in full conformance with the requirements of the Zoning District the building is located in.

        2. Eligible or duly registered federal or state historic structures may be exempt from the strict application of rules pertaining to nonconforming uses. Such structures may be rehabilitated pursuant to a plan reviewed by a historic preservation architect who certifies that the proposed rehabilitation plan will restore the historical character of the structure. However, damaged interior spaces and future interior uses shall be made to conform to all regulations of the district in which it is located.

      5. Removal:

        1. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.

    2. Validity of Permit:

      1. Any building for which a permit has been lawfully granted and on which the construction has been started and diligently pursued before the effective date of this Ordinance may be completed.

    NONCOMPLYING STRUCTURES

  • NONCOMPLYING STRUCTURES:

    1. An existing structure that was legally constructed, but which no longer complies with the dimensional requirements of this Ordinance, shall be considered a legal noncomplying structure.

    2. Any addition or enlargement shall be in compliance with all applicable setback, height and lot coverage requirements for the District in which it is located.

    3. A noncomplying structure may be added to or enlarged if the proposed addition or enlargement does not increase the degree of noncompliance with the setback, height or lot coverage requirements for the District.

    4. A noncomplying structure that does not comply with the shoreline setbacks of this Ordinance, may not be enlarged or increased in bulk within the shoreline setback without a variance.

    5. No structural alterations shall be made to any noncomplying structure unless such alterations are required by law; provided, however, that such maintenance and repairs as are required to keep a noncomplying structure in sound condition shall be permitted.

    6. A noncomplying structure may be torn down and rebuilt with the same bulk dimensions either on its existing foundation or at a different location on a lot that does not increase the building’s noncompliance and is approved by the Code Enforcement Officer subject to the submission of an engineered plan prepared by a NYS licensed engineer certifying to and accepted by the Code Enforcement Officer that the new structure shall have an on-site wastewater collection and treatment system capable of properly handling the wastewater to be generated by the new building.

    • NONCOMPLYING LOTS

    NONCOMPLYING LOTS:

    1. If a lot of record, duly existing prior to the adoption of this Ordinance or any applicable amendment thereto, fails to meet applicable density, set back or lot size standards as set forth herein, the lot may be developed with any allowable use listed for the zoning district in which such noncomplying lot is located provided that such lot has sufficient width, depth, and area to undertake development that will meet at least two-thirds (2/3) of the current minimum yard setbacks, and other dimensional requirements.

    2. Where two-thirds (2/3) of current minimum yard setbacks and other dimensional requirements cannot be met, the owner shall have the right to apply for one or more area variances.

    3. All other provisions of this Ordinance or other laws or regulations, which may be applicable, must also be met.

    4. The development of a noncomplying lot shall require site plan approval from the Planning Board and comply with the following conditions:

      1. All New York State Department of Health and APA regulations shall be satisfied.

      2. Any residential use of such a noncomplying lot shall be limited to a single-family dwelling.