Glenville Town City Zoning Code
ARTICLE XV
Nonconforming Uses and Structures
[Amended 10-3-2012 by L.L. No. 5-2012]
§ 270-93 Purpose.
The purpose of this article is to provide for the regulation of nonconforming (grandfathered) buildings, structures, and uses, and to specify those circumstances and conditions under which nonconforming buildings, structures, and uses are permitted to continue.
§ 270-94 Continuation of lawful nonconforming use.
A.
Any use of land or a building or structure or part thereof established at the time that this article, or any amendment thereto, becomes effective may be continued, subject to all other provisions of this article, even though such building, structure, or use of land does not conform with the provisions of the zoning district in which it is located.
B.
A nonconforming use shall be considered lawfully established on the effective date of this article, or any amendments thereto, only if:
(1)
Such use of land or a building, structure, or part thereof is lawfully maintained and occupied on the effective date of this chapter; or
(2)
Substantial construction is underway under a valid building permit on the effective date of this chapter. "Substantial construction" shall be interpreted as the expenditure of a sum on excavation, site preparation, and/or construction exceeding 25% of the estimated cost of such structure as stated on the building permit. The mere issuance of a building permit or planning/zoning approval shall not be sufficient to establish a vested right and, consequently, entitle the owner to continue with the establishment of a nonconforming use or building; or
(3)
In the case of residential subdivisions approved for the construction of single-family homes where lot dimensions and/or setbacks do not conform with the requirements of the zoning district in which they are located, said nonconforming subdivisions are allowed to continue, provided that 33% or more of the lots have been sold or 20% or more of the lots have either been built upon or are under construction. "Under construction," in this instance, means that the foundation has at least been started or a slab has been poured.
§ 270-95 Repairs and alterations.
A.
In buildings which are entirely nonconforming relative to use or dimensional requirements, repairs and alterations may be made to the building, provided that such repairs or alterations do not increase the footprint of the building by more than 10%, per the parameters detailed in § 270-96.
B.
In buildings in which a portion of the building is occupied by a nonconforming use, repairs and alterations may be made to the building, provided that the footprint of the building is not expanded by more than 10%, per the parameters detailed in § 270-96.
§ 270-96 Expansion of nonconforming use.
[Amended 8-21-2024 by L.L. No. 9-2024]
The footprint of nonconforming buildings and uses cannot be expanded by more than 10%, or in any way enlarged, without the granting of a conditional use permit by the Planning and Zoning Commission. Further, the expansion will only be allowed once, and it is required that the alteration make the nonconforming use more compatible, such as expansion necessary to bring the structure into compliance with state or local laws or regulations which are designed to protect the public health and safety.
§ 270-97 Change of nonconforming use.
No nonconforming building or use can be changed to other than a conforming use for the zoning district in which it is situated.
§ 270-98 Maintenance of nonconforming use.
A nonconforming use must be maintained in such a condition that it will not constitute a danger to the safety, health, or general welfare of the public. Failure to comply with this requirement shall cause a lawful nonconforming building or use to be terminated when maintenance has not been completed within six months of notification of the owner by the Building Inspector or Code Enforcement Officer.
§ 270-99 Restoration of nonconforming use, building, or structure after damage.
A.
Damage. Any nonconforming building or structure, or any building or structure containing a nonconforming use, which is damaged or destroyed by fire, flood, wind, earthquake, act of nature, or act of man must be repaired or rebuilt within one year of the damage or destruction. However, in rebuilding or repairing the structure, the building's footprint may not be increased beyond the 10% allowed in § 270-96. Failure to repair or reconstruct the building or structure within one year shall cause a lawful nonconforming use to terminate. The Town Board is empowered to extend this period upon receipt of a written request from the owner at least 30 days in advance of the expiration of the yearlong period.
B.
Exemption for residential buildings. Residential buildings, be they single-family, duplexes, multifamily, townhouses, etc., and all residential accessory structures, are exempt from the one-year restoration/rebuilding period. However, when the building and/or accessory structure is rebuilt or repaired, the new/repaired building or structure shall not be placed so that it would worsen the previously deficient yard setback or dimensional nonconformity. For instance, if a fifteen-foot side yard setback is required, yet the damaged or destroyed building was only 11 feet from the side lot line, the new/repaired building cannot be placed any closer than 11 feet to the relevant side lot line. The same applies to similar nonconforming dimensional standards such as building height and lot coverage.
§ 270-100 Discontinuance of nonconforming use.
If a nonconforming use or the use of a nonconforming building, structure, or property is discontinued for a period of 12 consecutive months, the lawful nonconforming use is terminated, and any subsequent use of the building, structure, or property must comply with the requirements of the zoning district in which it is located.
§ 270-101 Proof demonstrating continuance or date of discontinuance.
There may be occasions when the landowner and Building Inspector or Code Enforcement Officer do not agree on the date on which a nonconforming use was discontinued, damaged, or destroyed. In these instances, the burden is on the landowner to demonstrate when said discontinuance, damage, or destruction occurred. Proof should be in the form of a utility bill, telephone bill, business receipt, police report, canceled rent payment check, or any other written documentation that clearly identifies a date on which the nonconforming use was still operating or the date on which it was definitively discontinued, damaged, or destroyed. Further, in those instances when the date of discontinuance, damage, or destruction is in dispute, the landowner must also provide a notarized affidavit swearing to the date or dates on which the nonconforming building or use was still operating or to the date on which the nonconforming building or use ceased operation.
§ 270-102 Construction on nonconforming lots.
In instances where an existing lot of record is nonconforming relative to lot size, lot width, and/or lot depth, an area variance to waive these dimensional requirements is not required in order for a building permit to be secured. However, any new construction on a nonconforming lot must comply with the applicable setback, height, and lot coverage requirements.