Fort Edward Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Nonconforming Lots, Uses and Structures
§350-8-1 Applicability.
This article shall apply to those land uses, structures and lots of record which legally existed at the time of enactment, but which are not in compliance with the regulations or standards herein. When examining the origination date of a preexisting use, the Code Enforcement Officer shall refer to the Master Plan to determine the date the use came into existence. The burden shall be upon the applicant to rebut any presumption relative to the origination date.
§350-8-2 Intent.
The intent of this article is to provide for limited development upon existing undersized lots and to allow nonconforming uses to continue but not to encourage their expansion.
§350-8-3 Existing undersized lots of record.
A.
A single-family dwelling may be constructed on any recorded lot held in single and separate ownership prior to adoption of these regulations without regard to the minimum lot area, minimum lot width and minimum river frontage required by Article III of this chapter, provided that such lot does not adjoin any other lot or lots held by the same owner such that the owner might combine two or more lots in order to meet minimum requirements. Minimum front, side and rear building setbacks for new structures shall be 1/2 the minimum requirements specified in this chapter. The establishment of a use other than a single-family dwelling on such lots shall require a variance.
B.
Existing buildings located on undersized lots of record may be reconstructed to occupy the same ground area as the original structure, provided that a variance is obtained from the Zoning Board of Appeals.
C.
Existing buildings located upon undersized lots of record may be expanded without the issuance of a variance, provided that minimum front, side and rear building setbacks are met.
§350-8-4 Nonconforming building setbacks.
Existing buildings which are placed closer to front, side or rear lot lines than permitted by this chapter shall not be expanded so as to encroach farther into the required setback without the issuance of a variance. Expansions within front, side or building setbacks are permitted without issuance of a variance if they are in line with the existing building, as illustrated below. It shall be presumed that any expansion into the front setback on Broadway will be detrimental to the health, safety and welfare of the community.
§350-8-5 Nonconforming uses.
Uses of land or structures which lawfully existed at the time these regulations were enacted, and which would be prohibited or restricted by these regulations, may be continued subject to the following conditions:
A.
Enlargement of buildings. Buildings containing a nonconforming use may be enlarged by an amount not to exceed 1/4 the size of the building without issuance of a variance by the Board of Appeals, provided that the minimum building setbacks and maximum lot coverage requirements are met. If only a portion of a building contains a nonconforming use, then that square footage may be increased by 1/4 by using additional space within the structure, but not by constructing an addition to the structure.
B.
Expansion of area. The area of a lot occupied by a nonconforming use which does not involve a building, such as a nonconforming automobile sales lot or an equipment storage area, may be expanded by 25%, provided that all dimensional and screening requirements stated in this chapter for such use are satisfied.
C.
Unsafe structures. Any structure or portion thereof declared unsafe by proper authority may be restored to a safe condition.
D.
Restoration. If a building is destroyed by fire, flood or other act of God, then it may be rebuilt or restored to house the specific use that existed at the time of its destruction, but it shall not be rebuilt for any other nonconforming use. It may be enlarged by the amount permitted in Subsection A above.
E.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, the use shall not thereafter be reestablished, and all future uses shall be in conformity with these regulations.
F.
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
G.
Ownership. Any nonconforming use on a parcel of property which is conveyed to another party may be continued, provided that such use is reestablished within one year of the sale pursuant to Subsection E above.