Hague Town City Zoning Code
ARTICLE XI
Nonconforming Uses and Structures
§ 160-65 Continuation of nonconforming uses or structures.
A.
A structure which is conforming but which contains a lawful nonconforming use, a lawful nonconforming structure which contains a lawful nonconforming use or a lawful nonconforming structure which contains a conforming use may be continued and maintained in reasonable repair but may be altered, enlarged, extended or otherwise increased in any manner whatsoever by up to 25% of its existing square footage as of the date of this chapter (December 12, 1977) in accordance with Subsections A(1) and (2) below, and may be replaced only after approval by the Planning Board following site plan review:
[Amended 11-10-1998]
(1)
Such alteration, enlargement, extension or other increase shall be limited to the structure itself. The provisions of this section shall not be construed so as to allow the construction of a separate building. For the purposes of this subsection, a building connected to a main structure by a breezeway or similar device shall be considered a separate building.
(2)
In no case shall any increase or expansion violate or increase said structure's noncompliance with this chapter.
B.
This article shall not be construed to permit any unsafe use or structure or to affect all proper procedures to regulate or prohibit the unsafe use or structure.
§ 160-66 Conversion of certain existing uses.
Tourist accommodations, rental cottages and group camps permanently affixed to the land and existing on May 22, 1973, the date of adoption of the Adirondack Park Land Use and Development Plan, and existing as of the date of this chapter shall be allowed to be converted from their previous use to individual single-family residence use, notwithstanding the fact that such structures, as converted, do not conform to the provisions of this chapter or the shoreline restrictions.
A.
As used in this section, "structures eligible for conversion" means a single- or multiple-family dwelling, dormitory, hotel, main lodge, cabin, cottage, bungalow, bunkhouse or other structure which is permanently affixed to the land and is suitable for conversion to single-family residential use, taking into account its existing character, condition and facilities and general site conditions.
B.
Conditions of conversion.
(1)
Such conversion shall only be allowed by the owner of record as of the date of this chapter.
(2)
In no case shall any increase or expansion violate or increase said structure's noncompliance with this chapter.
(3)
In no case shall removal or replacement at a different location on the site pursuant to this section increase any existing nonconformance with the shoreline restrictions and setbacks.
C.
Such structures shall be converted only at their existing location unless, after a Type I site plan review as per Article VII of this chapter, the Planning Board determines that the purposes and policies of this chapter would be better served by the removal of the structure(s) to, or the replacement of the structure(s) at, a different location on the project site.
(1)
If zero lot lines are proposed for structures, § 150-12, Cluster development, of Chapter 150, Subdivision of Land, must be followed.
D.
A single structure containing over 1,250 square feet of interior floor space as of the date of this chapter may be converted to more than one single-family residence unit at the approximate rate of one unit for each 1,250 feet of floor space in the structure prior to conversion.
(1)
The total square footage of the resulting units may only equal the gross square footage of the original structure, plus 25%.
(2)
For the purpose of calculating the gross square footage of a structure which is suitable for conversion under the regulations of this chapter, the following procedure shall be adhered to:
(a)
The gross square footage is the gross area of floor space measured from the outside walls, not including basements, attics, porches or garages.
(3)
For the purpose of determining whether any additional principal buildings may be constructed on the project site, each unit resulting from the conversion shall be considered a new principal building and the overall intensity guidelines will be applied pursuant to the Adirondack Park Agency Act and § 574.7 of the Adirondack Park Agency Regulations. All contiguous or adjacent lands associated with the prior use or in the same ownership shall be included in the area upon which the overall intensity guidelines will be applied.
§ 160-67 Discontinuance of nonconforming uses or structures.
A.
Nonconforming use. If a nonconforming use is discontinued for a period of four years, further use of the property shall conform to this chapter.
[Amended 11-10-1998]
B.
Destruction of nonconforming structure. Any structure which is nonconforming due to setback restriction, overall intensity guidelines or the dimensional requirements specified in Article VI which is destroyed by fire, flood, wind, hurricane, tornado or other acts beyond the control of man may be allowed to be rebuilt according to its original dimensions and intensity, subject to the following:
(1)
If the structure is nonconforming due to setback restrictions, the structure has been substantially totally destroyed and there is sufficient area on the lot where said structure is located and the conditions on the lot allow, the Zoning Administrator may request, but not require, that said structure shall be rebuilt so as to conform to this chapter's setback requirements.
[Amended 11-10-1998]
(2)
Said structure must be substantially completed within four years from the date of said structure's destruction.
[Amended 11-10-1998]
C.
Destruction of nonconforming use. Any structure which contains a nonconforming use, as defined in this chapter, which is destroyed by fire, flood, wind, hurricane, tornado or other acts beyond the control of man may be rebuilt according to its original dimensions, subject to the following:
(1)
Said structure must be substantially completed and such nonconforming use must be reinstituted within four years from the date of said structure's destruction.
[Amended 11-10-1998]
(2)
If the structure was also nonconforming due to setback restrictions and there is sufficient area on the lot where said structure was located and the conditions on the lot allow, the Zoning Administrator may request, but not require, that said structure shall be rebuilt so as to conform to this chapter's setback requirements.
[Amended 11-10-1998]
D.
Extension of four-year period. Upon application to the Zoning Board of Appeals therefor and a finding by the Zoning Board of Appeals that under the circumstances of any particular matter there are equitable reasons therefor, the Zoning Board of Appeals, prior to the end of such four-year period, may extend the period of four years referred to in Subsection A, B(2) or C(1) of this section for such additional period of time as it shall deem appropriate, provided that in no event shall such period of four years be extended beyond a period of five years.
[Added 11-10-1998]
§ 160-68 Change of nonconforming use.
A nonconforming use may not be replaced by a different nonconforming use except as set forth in § 160-66.
§ 160-69 Plans for structures already commenced.
Nothing contained in this chapter shall require any change in plans, construction, alteration or designated use of a structure for which substantial construction work has lawfully commenced prior to the adoption of this chapter.