Geneva Town City Zoning Code
ARTICLE IX
Nonconforming Buildings, Uses and Lots
§ 165-87 Continuation.
Any lawful building, structure or use of premises existing at the time of enactment of this chapter or any subsequent amendment thereof applying to such building, structure or use of premises, may be continued although such building, structure or use of premises does not conform to the provisions thereof, except as follows:
Any sign which was nonconforming on May 27, 1969, the date of enactment of the ordinance from which this chapter is derived, shall be removed or altered so as to conform within three years after such date.
Any undeveloped lot in a subdivision which was not properly approved by the Planning Board and/or not filed in the office of the County Clerk and whose area and/or depth are less than the specified minimum lot requirements and average density requirements of this chapter shall be considered a violation of this chapter.
§ 165-88 Discontinuance.
Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use. Any nonconforming use discontinued for one year shall not be reestablished. Subsequent use of buildings and/or land must conform.
§ 165-89 Necessary maintenance and repairs.
A building or structure of nonconforming use may be repaired or restored to a safe condition.
§ 165-90 Restoration, alteration and addition.
[Amended 9-14-2021 by L.L. No. 4-2021]
Nothing herein shall prevent the continued use and substantial restoration and continued use of a nonconforming building or structure. Any nonconforming building or structure damaged or destroyed by fire, flood, earthquake, act of God, or act of the public enemy may be repaired, restored or reconstructed, provided that:
Such repair, restoration or reconstruction is located on, and no larger than, the footprint of the structure prior to its damage or destruction; and
Such repair, restoration or reconstruction is completed within one year of the damage; and
The use of the building and the manner in which it was used prior to the loss is recommenced within one year of the damage.
In a case of practical difficulty or unnecessary hardship, the Zoning Board of Appeals may extend the time limits set forth above, provided that an application for an extension shall be brought no later than six months after the expiration of the one-year time period, or six months after the expiration of any previously granted extension.
Alterations and additions to a pre-existing nonconforming structure shall be allowed if they do not increase the nonconformity that exists.
A residence may add common residential accessory structures to the lot, such as decks, sheds, swimming pools and additions, as long as they comply with the zoning requirements of the district and applicable residential district requirements.
§ 165-91 Change to other nonconforming use permitted.
A nonconforming use of a building, structure or land may be changed to another nonconforming use more nearly conforming to the requirements of the district in which it is situated. However, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. Determination shall be made by the Zoning Board of Appeals after review by the Planning Board.
§ 165-92 Completion of buildings under construction.
Any building or structure for which construction was begun prior to the effective date of this chapter, or any subsequent amendment thereof applying, may be completed and used in accordance with the plans and specifications for such building or structure.
§ 165-93 Existing undersized lots.
Any lot held in single and separate ownership prior to May 27, 1969, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes.
All other bulk requirements for that district are complied with.
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
§ 165-94 Reduction in lot area.
No lot shall be reduced in area so that it creates a nonconforming lot, bulk or use in violation of any regulations contained in this chapter.
§ 165-95 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 on one or more new streets, roads or highways and which said subdivision plat has been properly approved by the Planning Board and filed in the office of the County Clerk, prior to any amendment or amendments to this chapter, and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter, as amended, for that district shall be considered as complying with such minimum lot requirements for two years after the filing of the subdivision plat.