Rockland Town City Zoning Code
ARTICLE VI
Nonconforming Uses and Structures
[Amended 8-15-2019 by L.L. No. 1-2019; 9-3-2020 by L.L. No. 1-2020]
§ 185-31 Nonconforming uses.
A.
Continuation. Any nonconforming use which existed lawfully at the time of adoption of this article may be continued, subject to the following provisions.
B.
Expansion, extension, modification, or replacement.
(1)
Expansion. A nonconforming use shall not be enlarged or extended beyond the area of the existing structure in which the use is located, which structure existed prior to adoption of this zoning law, unless granted a special use permit and site plan review approval by the Planning Board. In addition to dimensional criteria, expansion of a nonconforming use shall be considered as intending to occur whenever it is proposed that the magnitude or intensity of the preexisting nonconforming use is to be increased in volume or activity by hours of operation, amounts of employees, deliveries, amounts of customers, additional parking requirements and similar material changes in circumstances which magnify the volume of the nonconforming use.
(2)
Extension. A nonconforming use which existed prior to adoption of this zoning law may be extended within any portion of an existing structure in which it is located, and the same shall not be deemed an expansion of such nonconforming use, however, any extension of such nonconforming use shall require site plan approval from the Planning Board.
(3)
Modification. A nonconforming use shall not be changed to any other nonconforming use; nor shall a nonconforming use be modified in a way that increases its nonconformity unless such modification results in a use of the same or a less nonconforming nature, and then only with prior site plan approval by the Planning Board.
(4)
Replacement. If a nonconforming use is replaced by another use, such use shall conform to the regulations of the district in which it is located.
C.
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months, such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
D.
Destruction and restoration. If any building or structure in which a nonconforming use is conducted is hereafter removed, or destroyed by fire, wind, explosion, structural failure or other natural cause, to the extent of 75% or more of its fair market value at the time of such damage any reconstruction or restoration of such building or structure for such nonconforming use must be completed within one year of the issuance of a valid building permit.
§ 185-32 Nonconforming buildings and structures.
A.
Continuation.
(1)
Any nonconforming building or structure which existed lawfully at the time of adoption of this article may be maintained.
(2)
Any building or structure, for which a valid building permit was lawfully issued prior to the adoption of this article, may be completed and used in accordance with the plans and specifications for such building or structure.
B.
Modification and replacement.
(1)
Modification.
(a)
A nonconforming building or structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(b)
A nonconforming building or structure shall not be added to, enlarged, reconfigured or altered in any manner or In a way which increases its overall size, in any dimension or in any direction. All such modifications require an area variance from the Zoning Board of Appeals and, if required by the terms of the area variance granted site plan review by the Planning Board.
(c)
Resort hotels, rental cottages and group camps shall not be converted to single-family residences, condominiums, cooperatives or other nonseasonal occupancy except through site plan review. Said conversion, when made, must conform to the provisions of this article.
(2)
Replacement. A nonconforming building or structure may be replaced or rebuilt on its identical footprint, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner or in a way which increases its overall size, in any dimension or in any direction. After 24 months such nonconforming structure may not be rebuilt on the same footprint but must conform to the regulations of the district in which it is located.
§ 185-33 Nonconforming lots.
A.
No new principal building may be created on any nonconforming lot, except in accordance with § 185-34.
B.
Buildings and structures located on nonconforming lots may be moved, expanded, enlarged or replaced as long as such change complies with all of the regulations of the district in which it is located.
§ 185-34 General exception to minimum lot area requirements.
A.
Lots of record. Any nonconforming lot of record as of the adoption of this zoning law in 1967 which does not meet the minimum lot area and/or minimum lot width and depth requirements of this chapter for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no area variance shall be required, provided that:
(1)
Such lot does not adjoin other lots in the same ownership; provided, however, that all such lots in the same ownership shall be treated together as one lot.
(2)
The interpretation of Subsection A is that the section applies to effect a merger of two undeveloped lots. It would also apply to effect a merger of one developed and one undeveloped lot under the same ownership. It will not apply to two developed lots.
(3)
No yard is reduced to less than 50% of the requirement for the district in which it is located.
(4)
A sewage disposal system meeting New York State standards can be placed on the lot in the absence of public facilities.