Lumberland Town City Zoning Code
ARTICLE IV
Preexisting Nonconforming Buildings and Uses
§ 250-19 Purpose.
The Town is authorized to regulate the change, alteration, reconstruction, reestablishment, extension, destruction and abandonment of nonconforming uses in accord with the New York State Town Law and general case law. The purpose of this Article IV is to limit the injurious impact of nonconforming uses and/or structures on other adjacent properties within a particular district and the community as a whole, while recognizing that the change, alteration, reconstruction, reestablishment or extension of nonconforming uses and/or structures may not be contrary to the public interest or the general purpose of this chapter when failure to allow such change, alteration, reconstruction, reestablishment, or extension would itself lead to neighborhood or district deterioration.
§ 250-20 Continuation of preexisting uses.
Except as provided elsewhere in this Article IV, any use of land or a building or structure or part thereof legal in accord with ordinances existing at the time that this chapter becomes effective may be continued so long as it remains otherwise lawful, although such building or use does not conform to the provisions of this chapter.
§ 250-21 No change to different nonconforming use; change to conforming use or discontinuation of use.
A nonconforming use may not be changed to a different nonconforming use. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. Whenever a nonconforming use has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 250-22 Preexisting nonconforming buildings.
A.
Normal maintenance and repairs of a nonconforming building shall not require a special use permit. A nonconforming building may be reconstructed or structurally altered only upon issuance a special use permit from the Planning Board. Said reconstruction or alteration may not exceed 50% of the assessed value of the building as of the time of application for such special use permit, unless said building is changed to conform with the dimensional and all other requirements of this chapter. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition. In no case may the nonconformity be increased.
B.
Any nonconforming building damaged by fire, flood, earthquake, or act of God by less than 50% of the assessed value of such building immediately prior to such damage may be restored to its former condition, or better, so long as:
(1)
All applicable approvals are obtained and such restoration is completed no later than 12 months after such damage; and
(2)
The use of the building and the manner in which it was used prior to the loss is recommenced within one year of the date of the damage.
§ 250-23 Preexisting nonconforming signs.
A preexisting nonconforming sign may be continued so long as it is maintained in good condition. It may not, however, be replaced by another nonconforming sign. It may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the Code Enforcement Officer determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost; provided, however, that it may be replaced so long as all applicable approvals are obtained and so long as such sign is otherwise in compliance with all applicable laws if intentionally damaged or destroyed by person(s) who are proven to be unconnected to the owner(s) of the sign.
§ 250-24 Preexisting legal lots.
Subject to § 250-25, any lot that does not meet the minimum area, width or yard requirements of this chapter, but which was a legal lot of record immediately prior to the effective date of this chapter, shall be considered to be a legal lot under this chapter; provided, however, that any such substandard lot must conform to and comply with all New York State Health Department requirements, as certified by a professional engineer licensed to practice in the State of New York. Adjacent substandard lots may be combined by making and recording of a single deed in order to meet the minimum lot size requirement.
§ 250-25 Construction approved prior to effective date.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, so long as the ground-story framework of which shall have been completed within six months of the date of the permit, and so long as the entire building shall be completed according to such plans as filed within one year from the effective date of this chapter.
§ 250-26 Manufactured homes.
Any manufactured home lawfully existing on the effective date of this chapter and used or occupied as a dwelling may continue to be so used or occupied and may be replaced by manufactured homes that comply with then-current applicable federal and state building standards.
§ 250-27 Variance criteria.
In the event an application is made to the Board of Appeals for a variance to enlarge or alter a nonconforming use, the Board shall apply the same criteria in determining the matter as would be applicable if the application had been made for property that was otherwise conforming. For example, if the application is to enlarge a building that already encroaches on a required side yard, the Board shall use the criteria applicable to considering an area variance. If the application is to change the use to another nonconforming use (which is not permitted by virtue of § 250-25 above), the Board shall use the criteria applicable to considering a use variance.