La Grange City Zoning Code
ARTICLE II
Establishment and Designation of Districts
§ 240-21 Establishment of districts.
[Amended 6-23-2010 by L.L. No. 2-2010; 9-10-2014 by L.L. No. 4-2014]
The Town is hereby divided into the following use districts:
RFD | Residential Flexible-Density |
RMD | Residential Moderate-Density |
RLD | Residential Low-Density |
RFS | Residential Frank & Sleight |
TCR | Town Center Residential |
H | Hamlet |
GH | Gateway Hamlet |
MGH | Manchester Gateway Hamlet |
TCB | Town Center Business |
GB | General Business |
C | Commercial |
I | Industrial |
PO | Planned Office (Reserved) |
PDD | Planned Development District |
TPK | Town Park |
SPR | State Park Reuse |
DFPD | Daley Farm Planned Development |
OPD | Overlook Planned Development |
SCHD | Senior Citizen Housing District (Reserved) |
ASCHD | Alternative Senior Citizen Housing District (Reserved) |
§ 240-22 Zoning Map.
Said districts are bounded as shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.
§ 240-23 Interpretation of boundaries.
A.
Designation of district boundaries.
(1)
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines of the right-of-way;
(2)
Boundaries indicated as approximately following Town limits shall be construed as following such Town limits;
(3)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(4)
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, ponds or other bodies of water shall be construed to follow such center lines;
§ 240-24 Intent.
[Amended 6-23-2010 by L.L. No. 2-2010; 9-10-2014 by L.L. No. 4-2014]
The general intent of this chapter is to regulate land use consistent with the Town Comprehensive Plan as adopted by the Town Board on July 13, 2005.
A.
The Residential Low-Density (RLD) District is primarily for open space, low-density residential and agricultural uses. This district features many constraints to development, including steep slopes, mapped and unmapped wetlands, and shallow depth to bedrock. This area also has a relatively less developed road system and lacks public water and sewer infrastructure. Many residential uses rely on individual wells and septic systems. The minimum lot size in this district is 120,000 square feet.
B.
The Residential Moderate-Density (RMD) District is primarily for low- and moderate-density residential uses, agriculture and agriculture-related uses, certain institutional uses and specific commercial uses. This district has constraints to development, although not to the degree as found in the Residential Low-Density District. Such constraints include, but are not limited to, mapped and unmapped wetland resources, a seasonal high water table, slow percolation, rock outcroppings, and shallow depth to bedrock. The minimum lot size is 80,000 square feet. This district is also intended to serve as a transition between the Town Center and more rural development densities.
C.
The Residential Flexible-Density (RFD) District encompasses an area that is generally built up in residential uses, interspersed with some open space and undeveloped areas. Existing lot sizes generally vary from 15,000 square feet to two or more acres. The minimum lot sizes vary based on the availability of public water and sewer service. A lot size of a minimum threshold of 40,000 square feet is established in this zone in areas that are served by both public water and sewer. Where either public water or sewer service is provided, but not both, the minimum lot size is 60,000 square feet. In areas that utilize both on-site sanitary septic and a well water system, the minimum lot size is 80,000 square feet.
D.
The Residential Frank & Sleight (RFS) District is primarily for moderate-density residential uses, established specifically to preserve open space. Developed as an alternative to traditional zoning, lots in the district vary in size and shape. Constraints are in place to prohibit further development by means of conservation easements. The district is served by municipal water and sewer.
E.
The Town Center Residential (TCR) and Town Center Business (TCB) Districts are for mixed office, governmental, commercial and residential uses. They are the primary districts for adding to the multifamily housing stock in LaGrange. Located in Freedom Plains, these districts will provide identity as well as functional coherence to the Town of LaGrange. The districts will potentially benefit from the availability of public water and sewer facilities and from pedestrian linkages. Therefore, certain incentives are designed to encourage such development.
F.
The General Business (GB) Districts are for lower-intensity uses. Business and commercial (GB) Districts are intentionally smaller in scale in form compared with the Commercial (C) Districts.
G.
The Commercial (C) Districts are designated for the more traditional and intensive commercial land uses within the Town. Where possible, the Town has strictly limited strip commercial development in favor of discrete commercial centers.
H.
The Industrial (I) Districts are conceived to allow attractive, well-planned light-industrial complexes with convenient access to road transportation.
I.
The Hamlet (H) Districts are located at historic crossroads within the community that contain a mix of residential uses, limited small-scale commercial uses, public lands, and institutional uses. Development is intended to promote the historic character and scale of these older traditional villages and crossroads, to emphasize reuse of existing structures for limited retail, residential, and commercial uses, and to promote limited infill development that is compatible with existing land uses, architectural styles, and scale in proximity to residential neighborhoods.
J.
The Planned Office (PO) District provides for clustered campus-style office uses in an office park setting that are compatible with, and help to preserve, the existing natural and historic resources and character of the area. The district is intended to provide opportunity for economic development, helping to diversify the Town's economic base. Currently, there are no Planned Office proposals pending before the Town. The Town reserves the right to establish standards specific to the Planned Office District.
K.
Preservation Overlay Zones are intended to protect stream corridors, farmlands, historic and scenic resources, and groundwater resources. These Preservation Overlay Zones complement provisions of the established use districts to protect and enhance open space and the scenic and historic features of the Town and to maintain some of its rural character.
L.
The Planned Development District (PDD) designation is available by application in situations where the Town Board determines that an existing zoning district would be insufficient to achieve the purposes of proposed development. The PDD is ideal for higher-density, mixed uses that have demonstrated some public benefit and have been approved by the LaGrange Town Board according to adherence to the performance guidelines of this chapter.
M.
The State Parkland Reuse (SPR) Districts provide for the beneficial and sound reuse of parcels devoted to the James Baird State Park and the Taconic-Hereford State Conservation Area in the event that the sites are no longer maintained by the State of New York and/or its agencies and are instead conveyed to owners in the private sector. Uses are limited to parks and recreation, open and accessible to the public, of the sort that preserves open spaces and the natural beauty of the land.
N.
The Town Park (TPK) District provides for the beneficial and sound use of parks and recreation areas. Uses are limited to public parks, recreation areas, and the establishment of buildings, structures and improvements of the type which are devoted to active or passive recreation for the public, including but not limited to the type of recreational enhancements recommended in any recreation master plan of the Town of LaGrange.
O.
Overlook Planned Development (OPD) is established as a 107-unit, multifamily, high-density, residential development, subject to the conditions of the approval and of § 240-33 of this chapter, to provide moderate-income housing. It is the specific intent of this district to preserve and protect the historic buildings on the site. Currently, the project has undergone substantial development. The Town of LaGrange has established bulk and area requirements and a schedule of permitted uses for the OPD. The district will be served by municipal sewer and water.
[Amended 4-8-2020 by L.L. No. 2-2020]
P.
The Senior Citizen Housing District (SCHD) is established to allow potential amendment of the Zoning Map to provide housing opportunities and options for senior citizens in the Town of LaGrange.
Q.
The Alternative Senior Citizen Housing District (ASCHD) is established as an alternative to Senior Citizen Housing Districts. It is established to allow potential amendment of the Zoning Map to provide additional housing opportunities and options for senior citizens in the Town of LaGrange.
R.
The Daley Farm Planned Development (DFPD) is conditionally established as a planned development district of 127 residential units, subject to the conditions of the approval and of § 240-33 of this chapter, with a variety of housing options, including 64 single-family detached and six single-family estate lots ranging in size from two to eight acres, and 56 townhomes, with the existing 57.7± acre farm site to be placed in conservation. Currently the project is pending before the Planning Board. The Town of LaGrange reserves the right to establish bulk and area requirements and a schedule of permitted uses along with any district requirements the Town feels is necessary. Portions of the property will be served by municipal sewer and water.
S.
The Gateway Hamlet Districts (GH) and the Manchester Gateway Hamlet District (MGH) are established to promote the traditional hamlet style design and are a compact cluster of retail, professional offices, and light commercial buildings mixed with existing residential dwellings located at crossroads and are accompanied by such businesses as grocery stores, restaurants, taverns, hotels, department stores, service businesses, meeting halls, churches, or civic spaces.
§ 240-25 Applicability of regulations.
[Amended 9-10-2014 by L.L. No. 4-2014]
Except as hereinafter otherwise provided:
A.
No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be designed, used, or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located. See § 240-27, Schedules A1, A2 and A3.[1]
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
B.
No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located. See Schedule B1 (§ 240-28), Schedule of Bulk Regulations and Coverage Limitations, Residential, and Schedule B2 (§ 240-28), Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]
[2]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
C.
No building shall be erected, no existing buildings shall be altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the bulk regulations and coverage limitations for the district in which such buildings or open space is located. See Schedule B1 (§ 240-28), Schedule of Bulk Regulations and Coverage Limitations, Residential, and Schedule B2 (§ 240-28), Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[3]
[3]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
§ 240-26 General regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations:
A.
Lot for every building. Every building hereafter erected shall be located on a lot as herein defined, and there shall be not more than one principal building on one lot, except as specifically permitted elsewhere in this chapter.
B.
Subdivision of lot. Where a lot is hereafter formed from the part of a lot already occupied by a building, such separation shall be effected pursuant to Chapter 203, Subdivision of Land, of the Town Code and in such manner that each lot thus created conforms to all of the requirements of this chapter.
C.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Zoning Board of Appeals shall determine how the requirements of this chapter shall be applied.
D.
Lots in two or more districts. Where a lot in one ownership of record is divided by one or more district boundary lines, the regulations for the less-restricted portion of such lot shall not extend more than 50 feet into the more-restricted portion. Land in two or more districts may be counted to satisfy a minimum lot area requirement, provided that the requirement of the district having the largest lot area standard is met, but no land in the residential or rural districts may be counted to satisfy a lot area requirement in a commercial or industrial district.
E.
Building square. A minimum building square, as specified by § 240-28, in Schedules B1 and B2, shall be required for every lot, except as noted in Schedules B1 and B2.[1] The majority of the principal building on every lot must be located within this minimum building square. No portion of this minimum building square shall contain, include or be encumbered by any of the following environmental constraints: wetlands, water bodies, one-hundred-year floodplains or slopes of 25% or more along at least a forty-foot continuous distance within the building square (i.e., measured by utilizing two-foot contours, the building square includes at least one ten-foot change in elevation, or greater, over that 40 feet).
[Amended 4-11-2012 by L.L. No. 5-2012; 9-10-2014 by L.L. No. 4-2014]
[1]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
F.
Water bodies and wetlands. Area consisting of ponds, lakes and other water bodies and freshwater wetlands may be counted for compliance with the minimum lot area standard specified by § 240-28, Schedules B1 and B2,[2] only for such portion of the requirement that exceeds 40,000 square feet. A required minimum building square on such a lot, as specified on Schedules B1 and B2, shall also be subject to the requirements of § 240-26E.
[Amended 9-10-2014 by L.L. No. 4-2014]
[2]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
G.
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has frontage on a street or highway, as defined by Town Law, which street or highway shall have been suitability improved or a bond posted therefor to the satisfaction of the Town Board as provided in said law. The minimum lot frontage required is specified in § 240-28, Schedules B1 and B2.[3] Such frontage width shall extend into the property at least 100 feet from the center line of the road. At no point shall the lot be narrower than 50 feet.
[Amended 9-10-2014 by L.L. No. 4-2014]
[3]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
H.
Accessory structure. If any accessory structure is attached to a main building, including attachment by means of a breezeway or roofed passageway, it shall comply, in all respects, with the requirements of this chapter applicable to the main building. No accessory structure hereinafter permitted shall be constructed nearer to the front lot line than is permitted for the main building nor nearer to any side or rear lot line than the distance established in § 240-28, Schedules B1 and B2,[4] as the minimum size of such respective side or rear yard for the district in which it is to be constructed.
[Amended 9-10-2014 by L.L. No. 4-2014]
[4]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
I.
Yard for every building. No part of a yard or other open space that is provided for any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot.
J.
Easements. Land subject to easements for drainage facilities, underground public utilities and aboveground electric and telephone distribution lines may be counted for compliance with minimum lot area standards specified in Schedules B1 and B2,[5] but no part of a street or highway, easement of vehicular access, private right-of-way for vehicles or easements for aboveground public utility transmission lines may be counted.
[Amended 9-10-2014 by L.L. No. 4-2014]
[5]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
K.
Open space reservations. When authorized by the Planning Board land that is restricted to open space usage, including conservation and outdoor recreation, need not be in compliance with the area, width, shape and frontage requirements of § 240-28, provided that such land is shown on a plat map approved by the Planning Board or is owned by the Town, county or state or by a nonprofit corporation.
L.
Obstructions in yards. No buildings or structures or any projection from buildings or structures shall be permitted in a required yard, except as follows:
(1)
A paved terrace shall not be considered in the determination of yard size or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than five feet to any lot line.
(2)
No porches, decks or balconies may project into any required yard area.
(3)
Architectural features that do not have a habitable volume or floor area, such as windowsills, door frames, chimneys and eaves, may project up to three feet into any required yard.
(4)
The yard requirements of this chapter shall not be deemed to prohibit any accessory retaining wall nor to prohibit any fence or wall, provided that walls or fences in required yard areas shall not exceed six feet in height above the adjoining grade.
M.
Yard requirements on corner lots.
(1)
Within residential zones, a corner lot shall have one front yard, and the owner of a residential corner lot shall elect which of the yards bordered by a road shall be the front yard.
(2)
Within commercial zones, each of the yards on a corner lot bordered by a road shall be a front yard subject to the front yard dimensional requirements for the zone in which the lot is located.
N.
Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escapes shall not be closer than four feet at any point to any lot line.
O.
Measurement of height. The height of a building or other structure is measured from the average ground level within 10 feet of the building or structure to one of the following, as applicable:
(1)
The highest point of the roof for flat-roofed buildings.
(2)
The deckline of mansard-roofed buildings.
(3)
The mean height between the eaves and the ridge for gable-, hip-, and gambrel-roofed buildings.
(4)
The highest point of a parapet wall extending above a roof.
(5)
The highest feature of a structure.
P.
Projecting features above roof level. The maximum building height limitations of this chapter shall not apply to church spires and belfries, in any case, nor to flagpoles, monuments, domes, cupolas, silos, chimneys, ventilators, windmills for power generation, skylights, water tanks or television antennas or to similar features and such necessary mechanical appurtenances not used for human occupancy, provided that:
Q.
Exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties. Hours of lighting may be limited by the Planning Board in acting on any site development plan. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.
R.
(Reserved)
S.
Industrial and commercial trailers. It shall be unlawful for any person or persons to park or store for more than seven days an industrial or commercial trailer in any district within the limits of the Town except for the necessary use on construction projects. Construction trailers shall require a special permit. No certificate of occupancy shall be granted in situations where a construction trailer has not been moved at the end of a project. Special permits shall be in accordance with this chapter and the applicable sections following this chapter.
T.
Storage of unused motor vehicles and outdoor deposit. No portion of any lot shall be used for outdoor deposit as defined in § 240-112 or for the outdoor storage, keeping or abandonment of any unregistered, inoperative or partially dismantled automobile. The demolition or dismantling of any motor vehicle is not permitted in the outdoor area of any lot.
U.
Grades at property lines. Excavation or fill at or near any property line shall have a slope not to exceed 33º (one on three slopes) to the horizontal.
V.
The Planning Board shall have the power, in the process of review of site plan or subdivision applications, to permit a reduction in minimum lot width to 20 feet solely for lots that are proposed for passive recreation uses. The Planning Board shall not permit the creation of such lots until it has been assured that such lots will be maintained properly in the future. For the purposes of this subsection, "passive recreation" shall mean walking, running, cross-country skiing or similar nonmotorized recreational activity. The Planning Board shall have the power to impose further limitations on the use of such lots during the application approval process. If passive recreation not open to the public is included within a project as an accessory use, the inclusion of such passive recreation shall not entitle the landowner or developer to an offset or credit against the required dedication of parkland or the recreation fee to be paid in lieu of parkland.
[Amended 8-27-2008 by L.L. No. 7-2008]
§ 240-27 Schedules of Permitted Uses and Special Permit Uses.
[Amended 9-10-2014 by L.L. No. 4-2014]
Schedules of Permitted Uses and Special Permit Uses, herein referred to as Schedules A1, A2 and A3, included at the end of this chapter,[1] list permitted uses for each district category. "P" means permitted; "SP" means a use subject to special permit under § 240-71 of this chapter; "N" means not permitted; "A" means permitted only as an accessory use; and "M" means permitted only as a mixed use. Further elaboration on some uses appears in the supplemental regulations, noted as "performance standard reference."[2]
§ 240-28 Schedules of Bulk Regulations and Coverage Limitations.
[Amended 9-10-2014 by L.L. No. 4-2014]
Two schedules, entitled "Schedule of Bulk Regulations and Coverage Limitations," one of which is for residential and the other for nonresidential, herein referred to as Schedules B1 and B2, are included at the end of this chapter.[1] The lot area, building location and bulk and other area standards applicable in each district are hereinafter specified and are as listed in Schedules B1 and B2, which standards shall prevail generally unless otherwise expressly qualified or superseded by other provisions of this chapter.
[1]
Editor's Note: Schedules B1 and B2 are attached to this chapter as part of Appendix B.
§ 240-29 Nonconformity.
[Amended 12-12-2007 by L.L. No. 8-2007; 5-11-2011 by L.L. No. 1-2011; 9-10-2014 by L.L. No. 4-2014; 5-23-2018 by L.L. No. 6-2018; 5-8-2019 by L.L. No. 2-2019; 8-25-2021 by L.L. No. 4-2021]
A.
It is the intent of this section to discourage the long-term continuation of nonconforming elements to achieve, to the greatest extent practicable, compatibility of neighboring land uses. Balanced against that goal is the competing desire to ensure the continued utilization of existing building stock, which may not be designed to comply with the current zoning standards. This section also is intended to allow for the reasonable continuation, modification and expansion of certain nonconforming elements, since it is not always feasible or desirable for all nonconforming elements to cease existing.
B.
Definitions. A nonconforming use, building, other structure, site development or lot is one which existed lawfully, whether by variance or otherwise, on the date this chapter or any amendment hereto became effective and which fails to conform to one or more of the provisions of this chapter or such amendment hereto. No nonconforming use, building, other structure, site development or lot shall be deemed to have existed on the effective date of this chapter unless it was lawfully maintained and occupied on such date and, if such nonconformity is a use, such use has not been discontinued within the meaning of § 240-29F(4).
C.
Approved certificates. Unless otherwise specifically provided in this chapter, nothing herein shall require any change in the use of any land, building or other structure or part thereof or in the area, location, bulk or construction of any building or other structure or site development for which any required certificate of occupancy shall have been lawfully issued, even though such use, building, structure or site development does not conform to one or more provisions of this chapter or any amendment herein.
D.
No change in plans required. Subject to the time limitations of Chapter 83 of the Code of the Town of LaGrange, nothing herein shall be deemed to require any change in the proposed use of any land, building or other structure or the area, location, bulk or construction of any building or other structure or site development for which an application for a building permit has been lawfully approved and any required building permit shall have been lawfully issued, even though such proposed use, building, other structure or site development does not conform to one or more provisions of this chapter or any amendment hereto.
E.
Casualty. If any lawfully nonconforming building or structure, or any building or structure containing a lawful nonconforming use, shall be damaged or destroyed by fire or other casualty, such building or structure, except nonconforming signs, may be restored, and any such nonconforming use resumed, to the extent that such building, structure or use lawfully existed at the time of the casualty, provided that a building permit for such restoration is obtained within a period of one year from such casualty and is diligently prosecuted to completion. In the event of failure to start such restoration within the one-year period and to complete all restoration within 24 months from the date of casualty, any right under this subsection to restore such building or structure, or to resume any such nonconforming use, shall cease.
(1)
The Town Board may grant an extension of one year to the term for the completion of restoration upon the receipt of a letter requesting such extension no fewer than 30 days prior to the expiration of the term and provided that, in the opinion of the Building Inspector, at least 70% of all restoration work has been completed.
(2)
The Town Board may grant an additional extension of up to one year upon the receipt of a letter requesting such extension no fewer than 30 days prior to the expiration of the term and provided that, in the opinion of the Building Inspector, at least 80% of all restoration work has been completed.
(3)
The Town Board may grant one additional extension of such duration as the Town Board may deem appropriate, but in no event more than one additional year, upon the receipt of a letter requesting such extension no fewer than 30 days before the date the last preceding extension is to expire, establishing:
F.
Nonconforming uses. The following provisions shall apply to a nonconforming use of land, building or structure:
(1)
Enlargement. Any nonconforming use of land shall not be enlarged or altered by more than 50%, and any building or other structure or part thereof devoted to a nonconforming use shall not be enlarged, extended, reconstructed or altered by more than 50%, except where the result of such changes is to reduce or eliminate the nonconformity. Expansions of up to 50% shall be permitted only if no significant adverse impact on the neighborhood will result. Determinations pursuant to this paragraph shall be made by the Zoning Administrator. Compliance with § 240-72 (Site plans) is required for all enlargement requests prior to the issuance of any building permits. The date for determining the baseline against which to compare 50% expansion shall be the effective date of Town of LaGrange Local Law No. 6 of 2018 (on or about May 23, 2018), unless such nonconforming use shall have been decreased after that date, in which case the measurement shall be taken from the date of such reduction. Incremental increases up to the 50% threshold are permitted.
(2)
Change. Any nonconforming use of land, buildings or structures shall not be changed to any use that is different in nature and purpose from the former nonconforming use, except to such uses that are permitted uses in the district in which the use is located, or to a use which in the judgment of the Zoning Administrator is less nonconforming. Any nonconforming use of land, buildings or other structures, once changed to conform or more nearly conform to this chapter, shall not thereafter be changed to be less conforming.
(3)
Relocation. Any building, other structure, or site development devoted to a nonconforming use shall not be moved to another part of the lot unless the nonconforming use is eliminated.
(4)
The size of a lot containing a nonconforming use, building, other structure, or site development shall not be reduced except where the result is to eliminate the nonconforming use; however, where the nonconformity involves a lot improved by buildings, other structures or site development devoted to multifamily residential use, such a reduction shall be permitted if approved by the Planning Board and if the resulting smaller lot is of sufficient size to accommodate the allocation to each multifamily unit of land area at least sufficient to meet the minimum single-family lot area established in Schedules B1 and B2 of § 240-28 of this chapter for the relevant underlying zoning district.
(5)
Discontinuance. Any nonconforming use of land, buildings or structures which has ceased for a period of at least one year shall not thereafter be resumed or replaced by any other nonconforming use.
(6)
Performance standards. Any use of land, buildings or structures which does not conform to one or more of the performance standards of § 240-41 shall not be changed to increase such nonconformity but may be changed to decrease or eliminate such nonconformity, as determined by the Zoning Administrator. Any such nonconformity so reduced or eliminated shall not be resumed.
G.
Nonconforming buildings, structures or site development. The following provisions shall apply to nonconforming buildings, structures and site development:
(1)
Enlargement of buildings, structures or site development in certain districts. The provisions of Subsection F(1) notwithstanding, for lots legally in existence and improved prior to enactment of this chapter by Local Law No. 1 of 1988 and which were previously located within the former R-15, R-20, R-40, AG-40, and AG-80 Districts, enlargements to a building, other structure, or site development on such parcels shall be permissible if they adhere to a minimum property-line setback of 15 feet for such parcels previously in the R-15, R-20, and R-40 Districts, 20 feet for parcels previously in an AG-40 District, and 25 feet for parcels previously in an AG-80 District, with the exception of enlargements to a building, other structure, or site development on such parcels in the Groundwater Protection Overlay Zone which shall be subject to the requirements of the Groundwater Protection Overlay Zone. To enable administration of this subsection, there shall be maintained in the offices of the Town Clerk and the officer of the Town charged with the administration of this chapter a map, entitled "Nonconforming Residential Setback Relief Map," and bearing preparation date of August 6, 2014, which illustrates the zoning district designation of land parcels in the Town as of the effective date of Local Law No. 1 of 1988. To further enable administration of this subsection, the following Nonconforming Residential Setback Relief Table shall apply:
Nonconforming Residential Setback Relief Table (Historic Zoning Overlay Setbacks) | |||||
|---|---|---|---|---|---|
Key: R-15 = Residential 15 R-20 = Residential 20 R-40 = Residential 40 AG-40 = Agricultural 40 AG-80 = Agricultural 80 | |||||
Residential Nonconforming Districts | |||||
R-15 | R-20 | R-40 | AG-40 | AG-80 | |
Rear yard | 15 | 15 | 15 | 20 | 25 |
Side yard | 15 | 15 | 15 | 20 | 25 |
Side yard, accessory structures | 15 | 15 | 15 | 20 | 25 |
Notes: |
Any nonconforming building, other structure or site development shall not be enlarged, extended, reconstructed or altered unless the enlargement, extension, reconstruction or alteration is conforming. However, for lots legally in existence and improved prior to enactment of this chapter by Local Law No. 1 of 1988, the above chart applies. |
(2)
Change. Any nonconforming building, other structure or site development, if once changed to conform or to more nearly conform to this chapter, shall not thereafter be changed to be nonconforming or less conforming.
(3)
Relocation. Any nonconforming building, structure or site development shall not be moved to another part of the lot, unless the result of such moving is to terminate or reduce the nonconformity.
(5)
Off-street parking and loading. Any lot, use, building or other structure that does not conform to one or more of the parking and loading provisions of § 240-42 shall continue to conform to such provisions to the extent that it conforms on the effective date of such section. Any use of land, buildings or other structures which does not conform to one or more of the provisions of § 240-42 shall not be changed to a use that would require additional off-street parking or loading spaces pursuant to § 240-42 unless such spaces are provided.
(6)
Site development and landscaping. Site development, including landscaping, that fails to conform to § 240-72 of this chapter shall be deemed a nonconformity. Any use for which such site development and landscaping are required shall not be enlarged, extended, changed or moved, and any building or other structure for which such site development and landscaping are required shall not be enlarged, extended, moved or reconstructed, unless such nonconformity is eliminated; provided, however, that the Planning Board may authorize continuation or reduction of the nonconformity under § 240-72B(1)(b).
(7)
Existing farm buildings. The use of farm and other agricultural buildings and facilities, including barns for livestock and storage of agricultural products and supplies and including facilities for the preservation, processing and sale of agricultural products, lawfully in existence prior to the effective date of this chapter or lawfully established subsequent to such date in connection with a permitted customary farming operation, may be continued subject to the following conditions, even though the farming operation to which such buildings and facilities were accessory may have ceased:
(a)
Such building and facilities shall be located on a lot of not less than 10 acres or such lesser lot area as may exist on the date of adoption of this subsection.
(b)
The use of such buildings and facilities shall continue to be in support of customary farming operations, but such use shall not include establishment of any new farm stand or the enlargement of an existing stand.
H.
Reestablishment of a prior nonconforming use or adaptive reuse. Any other provision of this section notwithstanding, the reestablishment of a prior nonconforming use in a building may be permitted despite the existence of an intervening conforming use in the building, provided that the Zoning Administrator determines that the reestablishment of the use is appropriate, utilizing the criteria set forth in the following sections. Where practicable, structures should be adaptively reused in a manner that is consistent with the provisions of this chapter. However, and other provisions of this section notwithstanding, where permitted by the Schedule of Permitted Uses and Special Permit Uses, § 240-27, the reuse of an existing nonresidential building for a use other than that for which it was originally designed may be permitted provided that the Zoning Administrator determines that the adaptive reuse of the structure is appropriate, utilizing the criteria set forth in the following sections.
(1)
In making the determinations required under this subsection, the Zoning Administrator shall determine that:
(a)
The proposed use of the building is one for which the building or structure was originally designed;
(b)
The footprint of the existing structure will not be increased by more than 10%;
(c)
The use of the building for a use permitted by this chapter is not practicable;
(d)
The proposed use is consistent with or complements the character of the existing neighborhood and is harmonious with existing uses in the area; and
(e)
The proposed use is no more harmful or disruptive to the neighborhood than permitted uses.
(2)
In determining whether the use of the building for a permitted use is not practicable, the Zoning Administrator may consider the following:
(a)
The design of the building;
(b)
The duration of any vacancy of the structure;
(c)
A market analysis provided by the applicant;
(d)
Whether any permitted use is consistent with the neighborhood in which the building is located;
(e)
Whether it would be feasible to establish a permitted use at the site;
(f)
Whether a permitted use would negatively affect other permitted uses in the district or area; or
(g)
Any other considerations deemed relevant.
I.
Nonconforming lots. A lot created pursuant to the Town's Subdivision Regulations which fails to meet later, revised area, shape, frontage or any other applicable requirements of this chapter pertaining to lots, even if contiguous to other lots in the same ownership, may be used as a lot, and a building or other structure may be constructed, reconstructed, enlarged, extended, moved or altered thereon. Lots depicted on an approved preliminary subdivision plat shall be excepted from application of the later, revised area, shape, frontage or other applicable requirements of this chapter, and the Planning Board shall apply the area, shape, frontage and other applicable requirements prevailing immediately prior to the relevant and interfering revision of this chapter.
J.
Title. No change of title, possession or right of possession shall be deemed to affect the right to continue a nonconforming use, building, other structure or site development.
K.
Repair. Nothing in this section shall be deemed to prohibit work on any nonconforming building or other structure when required by law to protect the public health or safety, provided that such work does not increase the nonconformity in violation of the provisions of this section. Nothing in this section shall be deemed to prohibit ordinary repair and maintenance of a nonconforming building or other structure or, except in the case of nonconforming signs, replacement of existing materials with similar materials.
L.
Certificate of nonconformity. The owner of any legally nonconforming lot or any lot containing a nonconforming use, building, other structure or site development is entitled to a certificate of occupancy certifying the validity of such nonconformity and the extent thereof.
M.
Modification or termination of nonconformities. Certain nonconformities shall be modified or terminated in accordance with the following requirements:
(1)
Outdoor deposit. (For the definition of "outdoor deposit," see § 240-112.) Outdoor deposit that exists in a residential, rural, or TCR District is not permitted and shall be terminated and removed by the owner of the lot where the deposit is located upon written notice and in accordance with a schedule as follows:
(a)
The Zoning Administrator shall make a determination that such outdoor deposit exists and shall notify the owner of the lot to remove the deposit within 90 days from the date of such notice.
(b)
Schedule for removal; screening of deposit.
[1]
Where the area of the deposit exceeds 5,000 square feet, the owner may, within 90 days from the date of such notice, file with the Zoning Administrator a time schedule for termination and removal of the deposit and a plan for screening the deposit. The plan for screening shall be subject to review and recommendation of approval by the Planning Board. The time schedule for termination and removal of the deposit shall be in accordance with the following schedule:
Area of Deposit | Time in Which Deposit Shall Be Removed |
|---|---|
Less than 2 acres | 4 years from date of notice |
Less than 5 acres | 7 years from date of notice |
Over 5 acres | 10 years from date of notice |
[2]
During such time periods, the outdoor deposit shall be screened from view from any street and from any lot located within 200 feet of the deposit by means of fences, walls, embankments or evergreen shrubs and trees in accordance with the plan as reviewed and recommended by the Planning Board for approval.
(c)
Failure to terminate and remove the outdoor deposit in accordance with § 240-29M(1)(a), failure to file a time schedule and screening plan within 90 days from the date of such notice, failure to provide the screening, and/or failure to terminate and remove the deposit in accordance with the time schedule shall be considered a violation of this chapter.
(2)
Corner visibility. The Zoning Administrator may order, in writing, the removal of any fence, wall or planting which fails to conform to the provisions of § 240-26M.
(3)
Potential health hazard. Any nonconformity that, in the judgment of the Zoning Administrator, Building Inspector, or County Health Department, may pose a hazard to human health shall not be enlarged. If the Zoning Administrator or Building Inspector has reason to believe that an imminent health hazard exists, he may order such measures as may be needed to remedy such hazard.