Mamakating Town City Zoning Code

Nonconforming uses (nonresidential). Nonconforming uses, other than residences, of buildings or open land may be continued indefinitely but:

Nonconforming residential uses. Any residential use located in a district in which such use is nonconforming shall be exempt from the provisions of § 199-51A. Such use may continue as a use permitted by right, provided that it shall comply with the bulk and lot area regulations of the most-restrictive district in Schedule I[1] in which the use would be conforming as to bulk on the effective date of this chapter. A building containing a nonconforming residential use may be altered in any way to improve interior livability; however, no structural alterations shall be made that would increase the number of bedrooms or dwelling units. Refer to § 199-54 for dwellings on nonconforming residential lots.

Noncomplying buildings.

Repairs. Normal maintenance, repair or incidental alteration of a structure containing a nonconforming use or possessing noncomplying bulk is permitted, provided that it does not increase the degree of nonconforming use or noncomplying bulk and involves nonstructural alterations that do not require a building permit pursuant to New York State Town Law.

Preexisting uses made special permit uses. Any use lawfully existing at the time of adoption of these regulations or of any amendment thereto, in the district in which such use is classified herein as a special use, shall, without further action, be deemed a conforming use in such district. An extension of or addition to such use shall require special use permit approval and must meet all requirements for special uses contained in Article V of this chapter.

Prior approval. Nothing contained herein shall require any change in the plans, construction or designated use of a building complying with existing laws, a building permit for which shall have been obtained before the date of adoption of this chapter or any applicable amendment thereto, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed according to such plans as have been filed within one year of the date of adoption of this chapter or any applicable amendment thereto.

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 8,000 square feet, complies with § 199-54G and has a minimum lot width of at least 50 feet if it is to be used for residential purposes.

The following minimum yard dimensions shall be maintained for residences:

The maximum development coverage permitted on a nonconforming lot shall be 35%.

All other bulk requirements for that district are complied with, including building height and number of stories.

In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.

In addition to the requirements contained in § 199-54A through F above, the applicant must demonstrate that the lot is suitable for residential construction, including water availability and quality (in accordance with NYSDOH Administration Rules and Regulations, 10 NYCRR Part 5, Appendix 5-B, Standards for Water Wells) and suitable sewage disposal (in compliance with Appendix 75-A, Wastewater Treatment Standards, as promulgated by the NYSDEC) and appropriate drainage as certified by a licensed professional engineer in the State of New York. The Building Department shall not issue a building permit unless this condition is satisfied.

Existing dwellings on any lot whose area or width is less than the specified minimum lot requirement may be extended, provided the requirements of § 199-54A through G above are maintained.

Nonconforming residential subdivisions. Any residential subdivision within the IO, LIO, or IC Zoning District that was approved and filed with the Sullivan County Clerk's office prior to the adoption of this chapter shall be exempt from the use and bulk provisions of these districts in which residential uses are prohibited. The residential lots within an approved subdivision as described herein may be developed for residential purposes as of right, provided the following standards are met:

Bulk regulations. The construction of a single-family home on lots meeting the standards of § 199-54.1A shall also meet the following bulk regulations:

The applicant obtains a building permit to make improvements to the seasonal dwelling unit to ensure that it meets the pertinent standards of the Existing Building Code for New York State and the Uniform Fire Prevention Code.

The applicant must demonstrate that the lot is suitable to accommodate a year-round residence, including water availability and quality (in accordance with NYSDOH Administration Rules and Regulations, 10 NYCRR Part 5, Appendix 5-B, Standards for Water Wells) and suitable sewage disposal (in compliance with Appendix 75-A, Wastewater Treatment Standards, as promulgated by the NYSDOH, including all recommended or required separation distances), water availability and quality in addition to appropriate drainage as not to impact any adjoining parcels as certified by a licensed professional engineer in the State of New York.

Subject to § 199-54.2B, the Building Inspector of the Town of Mamakating is authorized to issue a certificate of occupancy in regard to any conversion of a seasonal dwelling upon receiving from a licensed professional engineer or architect as-built plans and a sworn certification which, to the satisfaction of the Building Inspector, certifies that the building complies with the requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Existing Building Code for New York State for the issuance of a certificate of occupancy which existed at the time erected, notwithstanding that the premises may not have otherwise requisite building permits. Such certificate of occupancy shall recite that the certificate is issued upon the certification of the licensed professional engineer or architect and that the building complies with all requirements of the Town of Mamakating and the New York State Uniform Fire Prevention and Existing Building Code for New York State for the issuance of a certificate of occupancy at the time enacted and that the Town issues the certificate of occupancy solely on the basis of that certification and not on the basis of any independent inspection or investigation.

The applicant obtains a building permit to make necessary improvements to the seasonal dwelling unit to ensure that it meets the pertinent standards of the New York State Uniform Fire Prevention and Building Code.

Within the Town of Mamakating there are numerous individual parcels that contain multiple individual dwellings that were constructed for seasonal use. Over time, these dwellings have been converted to year-round use. Because of the close proximity of the dwellings to each other, and the increased usage of the site, there is concern that septic systems and wells intended to serve each unit may not be adequate to protect the health, safety and welfare of the residents as well as adjoining properties. In addition, the conversion of said dwellings is occurring on a piecemeal basis and without a coherent plan for the entire site that may establish appropriate locations for providing sewer and water service to each dwelling. For purposes of this chapter, multiple dwellings on an individual lot shall be deemed to be nonconforming uses subject to the provisions of § 199-51A.