New Hartford Town City Zoning Code
ARTICLE XII
Nonconforming Uses, Structures and Lots
§ 118-110 Applicability.
The following provisions shall apply to all uses, structures and buildings lawfully existing on the effective date of this chapter, to all uses, structures and buildings that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof[1] and to all complying buildings housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 118-111 Nonconforming use of buildings.
The lawful use, under any previous Town of New Hartford Zoning chapters or laws, of any use, structure or building existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions hereof, and any such building that may be reconstructed or structurally altered or the nonconforming use therein changed are subject the following regulations:
Expansion. A nonconforming building or use shall not be expanded unless such nonconforming building or use is made to conform to the current regulations of the district in which it is located.
Reconstruction/alterations. A building, nonconforming as to use, may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building, unless the use of such building is changed to a conforming use. This section shall not be deemed to apply to normal repair and maintenance. This subsection shall not apply to single-family dwellings, not regulated as manufactured or mobile, situated wholly and solely within the boundaries of their lot descriptions.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months, any future use shall be in conformity with the provisions of this chapter.
Restoration. A building nonconforming as to use which has been damaged by fire or other causes to the extent of more than 50% of its fair value, exclusive of its foundation, shall not be restored except in conformity with the regulations of this chapter. As used in this subsection, the word "building" shall be construed as being singular. This subsection shall not apply to single-family dwellings, not regulated as manufactured or mobile, situated wholly and solely within the boundaries of their lot descriptions.
Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
Validity of permit. Any building for which a permit has been lawfully granted and on which construction has been started and diligently prosecuted before the effective date of this chapter may be completed.
A nonconforming use shall not be changed to another nonconforming use without the approval of the Zoning Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or a more restricted nature.
§ 118-112 Nonconforming use of land.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter. A nonconforming use of land shall not be changed to another nonconforming use without the approval of the Zoning Board of Appeals. If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
§ 118-113 Nonconforming lots.
Development of nonconforming (substandard) lots.
Lots of record at the time of adoption of this chapter which are less than the minimum lot size or lot frontage shall be deemed to meet the minimum size regulations of this chapter in the A, RA, LDR, MDR, HDR and MU Districts, provided that such lot may not be used for any use other than a single-family residence and its associated accessory structures. The minimum yard requirements may be reduced in proportion to the size of the lot as compared to the minimum required for the district.
Substandard lots in all other zoning districts at the time of adoption of this chapter that do not meet the minimum lot size may be built upon but shall meet all other lot development standards of Schedule B and this chapter.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
Change of use on nonconforming (substandard) lots: site plan review. A change of use in an existing structure on a lot of record at the time of adoption of this chapter which is less than the required minimum lot size, or has less than the minimum setbacks, shall be required to obtain site plan review approval by the Planning Board to ensure that the substandard lot is of adequate size and suitability for the new use. The Planning Board shall take into consideration site impacts of the new use, including but not limited to traffic volume, traffic circulation, outdoor lighting, off-street parking and loading, landscaping and screening.
§ 118-114 Creation of substandard lots prohibited.
No lot in existence on the effective date of this chapter shall be subdivided or diminished in area in such a way that the lot area, frontage, width, front, side or rear yard, coverage, required parking spaces or green space no longer meets the requirements of these regulations or any permit issued thereunder.
§ 118-115 Nonconforming signs.
Any sign lawfully erected prior to the effective date of this chapter which does not conform to the provisions hereof shall be removed within seven years of the effective date of this chapter.