Saugerties City Zoning Code
ARTICLE IX
Nonconforming Uses and Structures
§ 245-39 Nonconforming uses.
A.
Continuance. Any nonconforming use which existed lawfully at the time of adoption of this chapter may be continued, subject to the following provisions.
B.
Expansion. A nonconforming use shall not be enlarged or extended beyond the area occupied by such use at the time of the adoption of this chapter.
C.
Relocation. A nonconforming use may not be moved in whole or in part to any other portion of the lot occupied by such nonconforming use.
D.
Modification. A nonconforming use shall not be changed to any other nonconforming use unless such change is of the same or a less nonconforming nature and only with prior approval by the Zoning Board of Appeals.
E.
Replacement. If a nonconforming use is replaced by another use, such use shall conform to this chapter.
F.
Destruction. A building housing a nonconforming use which sustains damage or destruction by any cause may be repaired or reconstructed and the use reinstated, so long as the nonconformity is not increased or expanded, if all necessary building permits are obtained within three years.
G.
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months, it shall expire, and any subsequent use on that lot shall conform to the regulations of the district in which it is located.
§ 245-40 Nonconforming buildings and structures.
A.
Continuance. Where a lawful building or structure exists at the effective date of adoption or amendment of this chapter that could not be built under such adoption or amendment by restriction on the lot area, lot coverage area, height, yards or other characteristics of the structure or its location on the lot, such building or structure may be maintained so long as it remains otherwise lawful, subject to the following provisions.
B.
Expansion. Nothing in this chapter shall prevent the strengthening or alteration to a safe condition of all or part of a building or structure that is nonconforming, provided that the repair or alteration will not increase the height, size or volume of the building or structure or otherwise increase the nonconformity.
C.
Additions, alterations, maintenance and repairs.
(1)
A nonconforming building or structure shall not be added to or enlarged or altered in any manner in a way which increases its nonconformity.
(2)
Should such building or structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3)
A nonconforming building or structure is hereby required to be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(4)
A single-family dwelling may be enlarged or rebuilt to within the dimensional provisions of the district where it is located.
D.
Discontinuance.
(1)
A building or structure, or a portion thereof, shall be deemed discontinued if: the building or structure is vacant for 12 consecutive months, or if in a lesser period of time there is a manifestation of a clear intent on the part of the owner to abandon the nonconforming building or structure.
(2)
If deemed discontinued, such building or structure shall not be reestablished, and any subsequent use shall not commence until the building or structure is brought into conformity with the provisions of the district in which it is located.
E.
Restoration. A nonconforming building or structure 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 three years.
F.
Completion of substantially constructed structures. Nothing contained in this chapter shall require any change in plans, construction, alteration or designated use of a structure for which substantial construction work has lawfully commenced prior to the adoption of this chapter.
§ 245-41 Existing undersized lots.
Separate lots. Any lot held in single and separate ownership, for which a map was filed or a deed recorded prior to the adoption of this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for the district in which it is located, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
A.
If such lot has an area of less than 20,000 square feet or a width less than 80 feet, it does not adjoin other land held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
B.
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.
C.
All other bulk and yard requirements for that district are complied with to the maximum extent feasible.
§ 245-42 Approved subdivisions.
Any lot in a subdivision whose plat has been approved and properly filed prior to the passage of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district may be considered as complying with such minimum lot requirements.
§ 245-43 Preexisting businesses.
A.
This chapter is not intended to restrict the rights of businesses which were in existence at the time of completion of the list of preexisting businesses developed after the enactment of the Zoning Law of 1989 to continue indefinitely and to expand in accord with the standards or procedures set forth below.
B.
Expansion of preexisting business. Any expansion of an existing building, erection of a new building, or increase of the lot area used by a preexisting business, as permitted within this section, shall be subject to the bulk and area standards of the most restrictive district in which the business is permitted by right in the use schedule.[1] In the event a use is only permitted subject to a special use permit, the standards of the most restrictive district in which such a permit applies shall be used. The new or expanded areas shall also comply with the parking and loading standards established for the use.
[1]
Editor's Note: The Table of District Use Regulations is included at the end of this chapter.
C.
Procedures for expansion. Expansion of a preexisting business in accord with the standards of this chapter is governed by the following procedures:
(1)
Expansion by right. A preexisting business may expand as a matter of right to the extent set forth in this chapter. Approval of a site plan shall only be required if the expansion exceeds any of the limits set forth in this chapter.
(a)
The floor area used or occupied by a preexisting business at the time of enactment of this chapter may be increased by 100% or 2,000 square feet, whichever is more;
(b)
The open lot area used or occupied by a preexisting business at the time of enactment of this chapter may be increased by 100%; and
(c)
If no building existed at the time of enactment of the Zoning Law of 1989, a new building with no more than 2,000 square feet of floor area may be erected.
(2)
Additional expansion. Expansion in excess of the limits in Subsection C(1) shall be allowed by permission of the Zoning Board of Appeals. In making its determination, the Board shall consider the effect of such expansion on adjacent properties and the surrounding neighborhood in terms of traffic circulation, access for fire, police and emergency vehicles, and the general health, safety and welfare of nearby residences. The Board may only deny such a permit upon a finding that the expansion will have a significant adverse effect on such factors.
D.
Transfer of rights. All rights established in this section shall automatically be transferred to all future owners of the property on which the business is located.
E.
Documentation of preexisting businesses.
(1)
To have become eligible under the provisions of this section, a business must have been lawfully established and operating on the site prior to the date of enactment of the Zoning Law of 1989, except as described in Subsection E(5) below. A business or property owner must have submitted documentation to the Building Inspector within one year of enactment of the above-dated Zoning Law, establishing the nature of the business and the date on which it was established.
(2)
The Building Inspector, upon receipt of each submission, reviewed the documentation submitted for completeness and accuracy and determined which district standards shall apply in the case of expansion or conversion.
(3)
One year from the date of enactment of the Zoning Law of 1989, the Building Inspector prepared the complete list of preexisting businesses to be published in the official newspaper of the Town. No new uses shall have been added to the list after such publication. The published list shall have become part of this chapter.
(4)
In the case of a dispute as to the accuracy of or omissions from the list, all relevant comments and data shall be submitted to the Zoning Board of Appeals, which shall determine if any amendments to the list shall be made.
(5)
To become eligible under the provisions of this section, a business within the Aquifer Protection Overlay District upon adoption of this chapter must submit documentation to the Building Inspector within one year establishing the nature of the business and the date on which it was established. Such documentation and procedures shall be the same as those that were required to establish the original list of preexisting businesses [see Subsection E(1) through (4) above] following enactment of the Zoning Law of 1989.
(6)
To become eligible under the provisions of this section, a business located in the Town of Saugerties that was lawfully started, and operated between the dates of November 3, 1989, and April 16, 2008, must submit documentation to the Building Inspector within one year from the date of enactment of this amendment establishing the nature of the business and the date on which it was established. Such documentation and procedures shall be the same as those that were required to establish the original list of preexisting businesses [See Subsection E(1) through (4) above] following enactment of the Zoning Law of 1989.
[Added 9-11-2014 by L.L. No. 2-2014]