Forestburgh City Zoning Code
ARTICLE IV
Nonconforming Uses and Structures
§ 180-12 Nonconforming structures and lots.
The following provisions shall apply to all nonconforming buildings and structures, and nonconforming lots, as defined in § 180-3, wherever located.
A.
Nonconforming buildings or structures:
(1)
Shall not be extended or enlarged. For the purposes of this subsection, "extended or enlarged" shall include:
(a)
An increase in the amount of a nonconforming building's or structure's gross floor area which is located within a required setback area;
(b)
An increase in any portion of a building or structure located above the maximum height permitted; or
(c)
An increase in any portion of a building or structure beyond its existing footprint within the required setback.
(2)
Shall not be moved to another location where such building or structure would also be nonconforming.
(3)
May be restored but the footprint and height of the building shall not be enlarged after damage by fire, accident or other acts of God and the nonconforming use reinstated, provided that the building permit is issued within two years after such damage.
(4)
Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out, upon that issuance of a building permit, of major alterations or demolition necessary in the interest of public safety.
(5)
A nonconforming building or structure shall be considered abandoned and lose its nonconforming status under the following circumstances:
(a)
The discontinuance of occupancy is made apparent by actions or inactions of the owner such as the posting of signs, removal of equipment and furnishings, boarding up of windows, expiration or revocation of a certificate of occupancy, failure to pay taxes or assessments, or other measures which demonstrate the enterprise is going out of business or the use is otherwise ending; and
(b)
The building or structure has not been occupied or used for 12 consecutive months or more; or
(c)
The nonconforming structure or building has been made conforming or has been replaced by a conforming structure or building.
B.
Nonconforming lots.
(1)
A building or structure may be erected on a nonconforming lot of record, provided that:
(a)
The proposed use of such building or structure is in accordance with all other applicable provisions of this chapter, the Town Code and other laws, rules and regulations;
(b)
Proof that the lot existed in single and separate ownership since before the date on which it became nonconforming is submitted to the Building Inspector;
(c)
The owner does not own adjoining property. The Building Inspector may require an abstract of title to said lot, which shall be certified by an attorney or title company regularly doing such work in Sullivan County and shall contain a certification that, since the effective date of this chapter or the amendment thereto which renders the lot nonconforming, no contiguous property is or was ever owned by an owner of the subject lot;
(d)
No bulk and yard requirements are reduced to less than 50% of the requirement for the district in which it is located; and
(e)
If required, a sewage disposal system meeting New York State standards can be placed on the lot should public facilities be unavailable.
(2)
For any lawfully existing nonconforming lot, and solely for the purpose of siting one principal building and any lawful accessory structures thereon, the allowable reduction to the bulk and yard requirements set forth § 180-12B(1)(d) above shall apply automatically but is subject to any greater setbacks which may be required for swimming pools, swimming pool decks, slabs, patios or equipment and tennis courts.
(3)
If at any time a vacant nonconforming lot shall be held in the same ownership as one or more adjoining parcels, such lot shall lose its status as a nonconforming lot, except to the extent that the lot created by the merger of the adjoining parcels remains nonconforming with respect to one or more dimensional regulations of the district in which it is situated.
§ 180-13 Nonconforming uses.
The following provisions shall apply to and govern all nonconforming uses, as defined in § 180-3, wherever located.
A.
Unless abandoned, every nonconforming use may be continued in the building or structure or upon the lot or land which it occupies after the effective date of this chapter or after the effective date of the amendment which rendered the use nonconforming.
B.
Building or structures, or part thereof, which is used by a nonconforming use shall adhere to the restrictions set forth in § 180-12A.
C.
No nonconforming use shall be changed, unless such change is to a conforming use. No nonconforming use shall be expanded or enlarged. For the purposes of this subsection, "expanded or enlarged" shall include an increase in the intensiveness of the nonconforming use that results in additional noise, odor, traffic, or other quality of life considerations.
D.
A nonconforming use shall be considered abandoned under the following circumstances:
(1)
The discontinuance of the nonconforming use for 12 or more consecutive months as made apparent by actions or inactions of the owner such as the posting of signs, removal of equipment and furnishings used in furtherance of the nonconforming use, boarding up of windows, expiration or revocation of a certificate of occupancy, failure to pay taxes or assessments, or other measures which demonstrate the nonconforming use is otherwise ending; or
(2)
The nonconforming use has been replaced by a conforming use or changed to another use under permit from the Town.