Copake Town City Zoning Code
ARTICLE VIII
Nonconforming Uses
§ 232-20 Nonconforming uses, structures and lots.
A.
Nonconforming uses.
(1)
Continuation. Any nonconforming use which existed lawfully on July 15, 2018, may be continued, subject to the following provisions.
(2)
Extension, modification, or replacement.
(a)
Extension. A nonconforming use shall not be enlarged or extended beyond the area occupied by such use.
(b)
Modification. A nonconforming use shall not be changed to any other nonconforming use.
(c)
Replacement. If a nonconforming use is replaced by another use, such use shall conform to this chapter.
(3)
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months, the use shall expire; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
(4)
Destruction and restoration. If any building or structure in which a nonconforming use is conducted is hereafter removed, or destroyed by fire, wind, explosion, structural failure or other natural cause, to the extent of 75% for more of its fair market value at the time of such damage, reconstruction for restoration of the nonconforming use must be completed within one year or the use shall expire and terminate; provided, however, that if reconstruction has commenced within the one-year period, the owner may apply to the Zoning Enforcement Officer for an extension of time, not to exceed one additional year, in which to restore the existing, nonconforming use.
B.
Nonconforming buildings and structures.
(1)
Continuation.
(a)
Any nonconforming building or structure which existed on July 15, 2018, may be maintained so long as it remains lawful, subject to provisions outlined in Subsection B(2) below.
(b)
Any building or structure for which a building permit which remains valid was lawfully issued on or prior to July 15, 2018, may be completed and used in accordance with the permitted plans and specifications for such building or structure.
(2)
Modification and replacement of such nonconforming buildings and structures.
(a)
Modification.
[1]
A nonconforming building or structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
[2]
A nonconforming building or structure shall not be added to, enlarged, reduced, or altered in any manner in a way which increases its nonconformity. An expansion, enlargement, or increase in height of any portion of such building within the permitted building envelope and in accordance with the building height and lot coverage limitations of the district in which the building is located is permitted and shall not be deemed to constitute an increase in its nonconformity. The nonconforming area of a nonconforming building shall not, however, be enlarged, expanded, or increased in height, or be altered in any way that increases its nonconformity, except upon the issuance of an area variance by the Zoning Board of Appeals.
(b)
Replacement. A nonconforming structure may be replaced or rebuilt within the footprint of the original structure, or such that the footprint of the new or rebuilt structure is within an area consisting of the permitted building envelope and the footprint of the nonconforming area of the prior structure and the structure conforms to the bulk and lot coverage limitations of the district in which it is located. A replacement or rebuilt structure shall not exceed the height of the prior structure except as permitted for the modification of a nonconforming structure in accordance with the provisions of Subsection B(2)(a)[2] above.
C.
Nonconforming lots.
(1)
A nonconforming lot may be used for any purpose permitted on a conforming lot in the same zoning district, without the need of an area variance with respect to lot size, provided that the following provisions are complied with:
(a)
Such lot has an area of at least 5,000 square feet and a minimum width of 50 feet.
(b)
The use complies with setbacks and all other requirements for the district in which it is located.
(c)
The use remains subject to all other review and provisions that are otherwise applicable to the use in the zoning district in which the lot is located.
(2)
Subdivision. A nonconforming lot may not be subdivided or reduced in size, except that a nonconforming lot may be subdivided if by its subdivision the lot is eliminated by having each and every subdivision of such lot purchased by the owner or owners of the adjoining properties and merged into such parcels to increase the size of said owner or owners' property or properties. No lot shall be reduced in area so that it creates a nonconforming lot.
(3)
Exemption of lots shown on approved subdivision plats. In accordance with Town Law § 265-A, any lot proposed for residential use in a subdivision whose plat delineates one or more new streets, roads or highways and which subdivision plat has been properly approved by the Planning Board and filed in the office of the County Clerk on or prior to July 15, 2018, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district, shall be deemed conforming if it is built according to the minimum lot requirements in effect when the subdivision was approved. Such deemed conformance shall expire three years after the filing of the subdivision plat.