Marbletown City Zoning Code
ARTICLE VII
Nonconforming Buildings, Uses and Lots; Preexisting, Legal Nonconforming Natural Gas and/or Petroleum Extraction Activities
[Amended 8-20-2013 by L.L. No. 4-2013]
§ 200-54 Continuation of nonconforming buildings and uses.
Subject always to the provisions of § 200-63 hereof, any lawful building, structure or use of premises existing at the time of enactment of this chapter, or any subsequent amendment thereof applying to such building, structure or use of premises, may be continued, although such building, structure or use of premises does not conform to the provisions thereof, except as follows:
A.
Any undeveloped lot in a subdivision which was not properly approved by the Planning Board and/or not filed in the office of the County Clerk and whose area and/or width, and/or depth are less than the specified minimum lot requirements of this chapter shall be considered a violation of this chapter.
B.
Any sign which becomes nonconforming upon the date of enactment of this chapter shall be removed or altered so as to conform within five years after such date of enactment.
§ 200-55 Discontinuance.
A.
Any building or land used for, or occupied by, a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
B.
Any nonconforming use of land and/or of buildings with less than 200 square feet of floor area, which is discontinued for a period of more than one year, shall thereafter be replaced only by a use which conforms to the regulations of the district in which the land is located.
C.
Any nonconforming use occupying a building with a floor area of more than 200 square feet, which is discontinued for a period of more than two years, shall thereafter be replaced only by a use permitted in the district in which the building is located; except that upon approval of a special permit by the Zoning Board of Appeals in accordance with the provisions of § 200-75, the building may be used for a similar or more restricted use as defined in Article XI.[1] The Board shall consider, in addition to those criteria set forth in § 200-46, the size, condition and adaptability of the building to other uses in arriving at its decision.
[1]
Editor's Note: See the definition of ”district, more restricted or less restricted.”
§ 200-56 Extension, alteration, restoration.
A.
A nonconforming use shall not be extended, enlarged, or structurally altered; but the extension of a lawful use to any portion of a nonconforming building, which existed prior to the date of adoption of this chapter, shall not be deemed the extension of such nonconforming use. A building housing a nonconforming use or which is nonconforming in terms of bulk or setback, which sustains damage or destruction by any cause, may be repaired or reconstructed, so long as the nonconformity is not increased or expanded, if all necessary building permits are obtained within six months. If such reconstruction has not been fully completed within two years, the provisions of § 200-55 above shall apply.
B.
Notwithstanding any other provision of this chapter, a nonconforming business and/or industrial use in a residential zone may expand or increase the extent of such use, provided that:
(1)
With respect to buildings located upon lands owned by the holder of such nonconforming use on the date of this chapter, said owner may enlarge, increase or extend the size and areas of such buildings by no more than 50% of their present size and area, as exists at the date of adoption of this chapter.
(2)
In the event the holder of such nonconforming use is able to acquire additional lands adjacent to the parcel comprising the original nonconforming use, said owner is permitted to extend or enlarge the area and size thereof in the event that he is able to secure rezoning of such newly acquired parcel pursuant to the provisions of Article X of this chapter.
§ 200-57 Necessary maintenance and repairs.
A building or structure of a nonconforming use may be repaired or restored to a safe condition.
§ 200-58 Change to other nonconforming use.
A nonconforming use of a building, structure or land may be changed to another nonconforming use which is the same or more restricted in nature; however, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. Uses shall be deemed more restricted or less restricted in accordance with § 200-8 and Article XI. The change of a nonconforming use of a building, structure, or land to another nonconforming use shall include the right to change an accessory nonconforming sign, provided such sign is not increased in area or does not further violate provisions of this chapter.
§ 200-59 Construction started prior to this chapter.
Any building or structure for which construction was begun prior to the effective date of this chapter, or any subsequent amendment thereof applying thereto, may be completed and used in accordance with the plans and specifications for buildings or structures.
§ 200-60 Existing undersized lots.
A.
Any lot less than one acre in area held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:
(1)
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;
(2)
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes;
(3)
The following minimum yard dimensions are maintained for residences:
(a)
Front yards: 25 feet, or conforming to adjacent houses on both sides.
(b)
Side yards: 8 feet.
(c)
Rear yards: 25 feet.
(4)
All other bulk requirements for that district are complied with.
B.
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
C.
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
D.
Any lot for which a map was filed or a deed recorded with the County Clerk, that conformed to the area requirements of the district in which it was located on the effective date of this chapter, shall be deemed to comply with the minimum lot area requirements of the district in which it is located. The yard dimensions of the R-1 District shall apply to such lot. Furthermore, if such lot has an area of two acres or more, but less than twice the minimum area required in the district, it may be divided into two parts so that either one or both lots thus created do not comply with the minimum area requirements of the district in which it is located, but so that each is at least one acre in area.
§ 200-61 Reduction in lot area.
No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
§ 200-62 Exemption of lots shown on subdivision plats with preliminary approval.
Any lot proposed for residential use shown on a subdivision plat which has received preliminary approval by the Planning Board in accordance with Chapter 169, Subdivision of Land, of the Code of the Town of Marbletown, and Article 16 of the Town Law of the State of New York prior to the effective date of this chapter, and which approval is still valid on the effective date of this chapter, and whose area, and/or width, and/or depth are less than the minimum lot requirements of this chapter, shall be considered in compliance with such minimum lot requirements of the district in which it is located; provided, however, that final approval of such subdivision plat shall be obtained and the subdivision plat filed in the office of the County Clerk in accordance with Chapter 169, Subdivision of Land, of the Code of the Town of Marbletown and Article 16 of the Town Law of the State of New York within one year of the effective date of this chapter. In the event that final approval and filing of such subdivision plat is not obtained within 12 months of the effective date of this chapter, this exemption from the minimum lot requirements of this chapter shall not apply.
§ 200-63 Preexisting, legal nonconforming natural gas and/or petroleum extraction activities.
Notwithstanding any provision of this chapter to the contrary, any natural gas and/or petroleum extraction activities that are being physically conducted in the Town as of the effective date of this local law[1] shall be subject to the following:
A.
Conditions for continued use.
(1)
If, as of the effective date of this local law, physical natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC") and/or all other applicable local, state, and federal governments, bureaus, or agencies, then and only then such activity by or on behalf of the holder of the permit(s) shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections B and C of this § 200-63.
(2)
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this local law[2] and which do not qualify for treatment under the preceding Subsection A(1) of this § 200-63 shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses), and shall in all respects be prohibited as contemplated by § 200-9 hereof.
[2]
Editor's Note: "This local law" refers to L.L. No. 4-2013, adopted 8-20-2013.
B.
Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this local law[3] by virtue of Subsection A(1) of this § 200-63, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related grandfathering rights) of or relating to such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by § 200-9 hereof.
[3]
Editor's Note: "This local law" refers to L.L. No. 4-2013, adopted 8-20-2013.
C.
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection A(1) of this § 200-63 is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this local law.[4] Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection A(1) of this § 200-63 and instead shall in all respects be prohibited as contemplated by § 200-9 hereof.
[4]
Editor's Note: "This local law" refers to L.L. No. 4-2013, adopted 8-20-2013.
[1]
Editor's Note: "This local law" refers to L.L. No. 4-2013, adopted 8-20-2013.