Esopus City Zoning Code
ARTICLE VII
Nonconforming Uses, Buildings and Lots
§ 123-32 Applicability; nonconforming uses.
A.
Determination of nonconforming use. Any lawfully established use of property legally existing on the effective date of this chapter, or which existed at the time of any subsequent amendment thereto which applied to such use, and which said use does not conform to the regulations thereof, except those established pursuant to the issuance of a use variance, shall be deemed a nonconforming use.
B.
Continuation of nonconforming uses. Any nonconforming use of buildings or open land may be continued, but shall not be:
(1)
Enlarged, altered, extended, reconstructed or restored (except as provided in this section or as provided in § 123-35) or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, or which existed at the time of any subsequent amendments thereto which applied to such use, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Moved to another location where such use would be nonconforming.
(3)
Changed to another nonconforming use.
C.
Discontinuance of nonconforming uses.
(1)
Any nonconforming use of land, buildings or other structures which shall have been discontinued shall not thereafter be resumed or replaced by another nonconforming use. The term "discontinued" shall mean that the nonconformity has substantially, rather than completely, ceased for a period of 12 consecutive months or more.
(2)
Abandonment. The discontinuance of a nonconforming use for a period of 12 consecutive months or more shall be considered an abandonment thereof, and such nonconforming use shall not be revived, except as provided in this section. The intent to resume active operations shall not affect the foregoing.
(a)
A nonconforming use that is discontinued for a period of 12 consecutive months, but not longer than 24 consecutive months, for reasons not related to circumstances set forth in § 123-32C(4) or § 123-32C(5) will be permitted to become reestablished if the owner or authorized representative of the nonconforming use notifies the Town of Esopus Building Department, in writing, prior to the end of the first 12 consecutive months stating the reasons for the temporary discontinuance, the steps that have or will be taken to ensure the building or structure housing the nonconforming use is properly maintained during the temporary closure, and the estimated date to reestablish the nonconforming use which shall not exceed a total of 24 consecutive months from the initial date of discontinuance.
(3)
Change of use. The change of a nonconforming use to a conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not be revived. The intent to resume active operations shall not affect the foregoing.
(4)
A building or structure housing a nonconforming use which sustains damage or destruction through natural or other causes beyond the control of the owner may be repaired or reconstructed, so long as the nonconforming use is not increased or expanded, and if all necessary building permits are obtained within two years and reconstruction is fully completed within four years. If discontinued for longer than four years, the use shall be considered abandoned and shall not be reinstated.
(5)
The discontinuance of a nonconforming use for a period of 12 consecutive months or more as a direct result of a New York State Disaster Emergency Declaration issued pursuant to § 28 of Article 2-B of the NYS Executive Law, requiring the temporary closure or reduction in permitted occupancy of a nonconforming use and negatively impacts the viability of said use shall not result in said use being considered abandoned. The owner or authorized representative of the nonconforming use shall maintain adequate records documenting the reason and length of the temporary closure or reduction in permitted occupancy that negatively impacted said use. If the nonconforming use is not restarted within two years from the date the New York State Disaster Emergency Declaration is lifted, said nonconforming use shall be considered abandoned.
§ 123-33 Nonconforming buildings and structures.
A.
Nonconforming buildings and structures which are only nonconforming in bulk may be altered, moved, reconstructed or enlarged, provided that such change does not increase the extent of nonconformity and does not violate any other provisions of this chapter.
B.
Refer to § 123-35 for any proposed enlargement of the floor area of an existing nonconforming use.
C.
A nonconforming building or structure which sustains damage or is destroyed through natural or other cause beyond the control of its owner may be repaired or reconstructed, provided the nonconformity is not increased, and all necessary building permits are obtained within two years of such damage or destruction and reconstruction is fully completed within four years. If discontinued for longer than four years, the use shall be considered abandoned and shall not be reinstated. In the case of an undersized lot, the provisions of § 123-36 below shall apply.
§ 123-34 Maintenance and repairs.
Notwithstanding any of the above regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety.
§ 123-35 Enlargement of floor area of nonconforming use.
The floor area of all nonconforming uses can be enlarged by up to 25% of the floor area as it existed at the time amendment by L.L. No. 11-2009 became effective, provided such expansion does not result in or increase any nonconformity of the building related to bulk, if applicable, and if a permit for expansion of the nonconforming use is granted by the Zoning Board of Appeals, following a public hearing, and if the Zoning Board finds that the expansion will comply with the general criteria set forth for special use permits, § 123-46C, and will further comply with the area and bulk requirements of § 123-23 and the parking and loading requirements of § 123-26.
§ 123-36 Existing undersized lots.
Nothing contained in this chapter shall prohibit development of any lot for which a map was filed or a deed recorded prior to the original adoption of this chapter (April 12, 1971) whose area and/or width are less than the specified minimum lot requirements of the law for the district in which it is located, and no area variance shall be required, provided all of the following apply.
A.
Such lot has an area of at least 5,000 square feet with a minimum width of 50 feet.
B.
Such lot may not be used for more than one dwelling unit.
C.
Such use satisfies all applicable requirements of the Town of Esopus and the Ulster County Health Department for potable water supply and sewage disposal facilities.
D.
All other bulk and yard requirements for that district are complied with to the maximum extent feasible.
E.
Such lot is served by central sewer and water or is able to support all necessary on-site water and wastewater utilities in accordance with applicable regulations.
§ 123-37 Reduction in lot area.
No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
§ 123-38 Exemption of lots on approved subdivision plats.
Any lot in a subdivision whose plat has been approved by the Town of Esopus Planning Board and property filed in the office of the Ulster County Clerk prior to the passage of this chapter and whose area and/or width are less than the specified minimum lot requirements of this chapter for the district in which it is located shall be considered as complying with such minimum lot requirements.