New Paltz City Zoning Code
ARTICLE VII
Nonconforming Buildings, Uses and Lots
§ 140-42 Purpose.
A.
It is the purpose and intent of this article to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, and of all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter and of all buildings containing nonconforming uses so as to promote the harmonious and compatible use of land and property within the Town of New Paltz.
B.
Accordingly, it is the general policy of the Town of New Paltz that the nonconforming use of lands or buildings are not to be expanded, enlarged, relocated, changed or rebuilt, except in accordance with the standards set forth in this article. Further, the existence of any nonconformity shall not of itself be considered grounds for the approval of a variance for the property on which such nonconformity is located or for any other property.
§ 140-43 Nonconforming uses.
Except as provided hereinafter with respect to certain uses, any lawful use of a building, structure, lot or lands which existed on the effective date of this chapter, or which existed at the time of any subsequent amendment thereto which applied to such use, may be continued indefinitely, regardless of change of title, possession or occupancy or right thereof, notwithstanding that such use of a building, structure, lot or lands does not thereafter conform to the provisions of this chapter, except that such use:
A.
Enlargement. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except as provided in § 140-43, Subsection F hereof.
B.
Relocation. Shall not be moved to another location where such use would be nonconforming.
C.
Change to nonconforming use. Shall not be changed to another nonconforming use without approval by the Zoning Board of Appeals and then only to a use which is a more restrictive nonconforming use or to a use which is more nearly conforming to the requirements of the district in which it is located. Such change of use shall require, if applicable, site plan approval by the Planning Board.
(1)
If changed to a more restricted nonconforming use, such building, structure, lot or lands shall not be changed back to a less conforming use.
D.
Change to conforming use. If changed to a conforming use, such building, structure, lot or lands shall not thereafter be used for the same or any other nonconforming use.
E.
Repair or reconstruction of a damaged building containing a nonconforming use.
(1)
A building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair market value shall not be repaired or rebuilt unless such building is used for a conforming use.
(2)
The burden of demonstrating entitlement to a building permit to rebuild or to restore the damaged portion of any building containing a nonconforming use that will be continued shall be on the applicant for such permit. Such permit application shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which demonstrate compliance with the requirements of this section. If such permit is issued, it shall expire six months after the date on which the permit is issued, unless reconstruction in accordance with the approved plans has been completed. The time to file a building permit application, and the expiration of such permit, may each be extended once by the Building Inspector, on good cause shown, for an additional period that does not exceed three months.
(3)
A lawfully existing nonconforming use of a damaged building or structure maybe continued, but not enlarged or extended, if the nonconforming use is reestablished within one year of such damage. If the restoration of such building is not completed within such time, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
F.
Expansion or enlargement of structures used for nonconforming uses. Notwithstanding any other provision of this chapter, a special exception permit may be issued by the Planning Board to allow the expansion of a structure which is devoted to a nonconforming use to an extent not exceeding, in the aggregate, the lesser of 10% of the floor area of the principal structure which lawfully existed on the effective date of the provision(s) of this chapter which first made such use nonconforming or 1,200 square feet of floor area and which otherwise complies with all applicable use requirements of this chapter, upon finding that:
(1)
Practical difficulties prevail in operating the premises or structures in the presently existing nonconforming manner and that the proposed expansion or enlargement would constitute reasonable adjustment of the existing nonconforming use or reduce the degree of the nonconforming use; and
(2)
The proposed expansion or enlargement will not have a deleterious effect on the neighborhood of the existing nonconforming use. In determining deleterious effect, the Board shall take into consideration, among other things, traffic safety, nuisance characteristics, manner of operation, total ground area covered by the structure and the appearance and condition of the premises; and
(3)
The proposed expansion or enlargement will not be more incompatible with or adversely affect the nature and character of the neighborhood and neighborhood structures, nor have any significant adverse affect on the value of adjoining properties; and
(4)
Adequate or on-site parking and loading space will be provided for all potential users; and
(5)
The proposed expansion will not unduly restrict fire and police protection of the premises and of surrounding properties.
§ 140-44 Nonconforming buildings.
[Amended 10-3-2019 by L.L. No. 7-2019]
A.
A nonconforming building not located in the Gateway Districts may be repaired, enlarged, altered, extended, reconstructed, restored or relocated, provided that such action does not create any new noncompliance or increase the degree of noncompliance with regard to the regulations pertaining to such building.
B.
In the event a nonconforming building not located in the Gateway Districts has been damaged by fire or other causes to the extent of more than 50% of its fair market value, it shall not be repaired or rebuilt unless the nonconforming aspects of any portion of such building being reconstructed, restored or rebuilt are reduced to the maximum extent practicable.
C.
A nonconforming building located within the Gateway Districts may be altered, extended, reconstructed, restored or relocated only in accordance with the standards of the applicable Gateway District.
§ 140-45 Repairs and maintenance.
Nothing in this article shall be deemed to prevent normal repair and maintenance of any building nor, upon the issuance of a building permit and any other required approvals, major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason why such alterations or demolitions were deemed necessary.
§ 140-46 Termination.
A.
The nonconforming use of a building or structure shall he deemed abandoned by operation of law, and the reinstitution or revival of such use shall not be permitted, when such nonconforming use of buildings or other structures has been discontinued for any reason, whether through vacancy or cessation of use, for a continuous period of one year or has been changed to or replaced by a conforming use. The intent to resume a nonconforming use shall not confer the right to do so.
B.
The nonconforming use of land or premises shall be deemed abandoned by operation of law, and the reinstitution or revival of such use shall not be permitted, when such nonconforming use of land or premises has been discontinued for any reason, whether through vacancy or cessation of use, for a continuous period of six months or has been changed to or replaced by a conforming use. The intent to resume a nonconforming use shall not confer the right to do so.
§ 140-47 Nonconforming lots of record.
A.
A residential lot lawfully existing prior to August 23, 2001, which was otherwise conforming as to the area regulations of the district in which it is located and which was made nonconforming as to lot frontage by reason of the adoption of Local Law No. 4 of the year 2001 (effective August 23, 2001, whether or not such lot was within, and part of, a subdivision duly approved by the Planning Board of the Town of New Paltz and duly filed in the office of the Ulster County Clerk, in that such lot does not have the minimum lot frontage on a public highway and does not abut land in the same ownership having such frontage may be used for a single-family dwelling, without the necessity of obtaining a variance, provided that the lot otherwise complies in all respects with the area requirements of the district in which it is located and the Planning Board finds that the proposed means of access to such dwelling is safe and convenient.
B.
Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or lot width and/or lot depth are less than the respective minimum lot requirements specified for the district in which such lot is located may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(1)
Prior to August 23, 2001, and all times thereafter, such lot did not adjoin any other lot or property held by the same owner such that the aggregate area of such lots or property would equal or exceed the minimum lot area required for the district in which the lot is located; and
(2)
Such lot has an area of at least 5,000 square feet.
(3)
If it is to be used for residential purposes, such lot shall have sufficient area and dimensions to accommodate a single-family dwelling and adequate septic facilities, if no public sewer is available, including a minimum lot width of at least 50 feet at the required setback line, and the following minimum yard dimensions:
(4)
In any district where residences are permitted, such nonconforming lots may be used for not more than one single-family dwelling.
§ 140-48 Lot area reduction.
A.
No lot shall be reduced in area so that it is nonconforming as to lot area or any other area requirements of this chapter.
B.
A lot of nonconforming size may be divided for the sole purpose of allowing each and every subdivision of such lot to be conveyed to the owners of contiguous property and merged into the adjoining properties. In such ease, the Planning Board shall review and approve such conveyance by a plan showing adjustment of the lot lines of the affected properties.
§ 140-49 Exemptions.
Any lot proposed for residential use in a subdivision duly approved by the Planning Board after the effective date of this chapter which conforms to the applicable lot area, lot width or bulk requirements of this chapter at the time of approval but which is made nonconforming as to area, width or bulk requirements by any future amendment of this chapter shall be considered as complying with such requirements for three years after the date of the filing of such subdivision plat in the office of the Ulster County Clerk.