Schroeppel City Zoning Code
ARTICLE IX
Nonconforming Buildings, Uses and Lots
§ 95-45 Continuation.
Any lawful building, structure or use of premises existing at the time of the 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 that any undeveloped lot in a subdivision which was not properly approved by the Planning Board and/or filed in the office of the County Clerk and whose area and/or depth are less than the specified minimum lot requirements and average density requirements of this chapter shall be considered in violation of this chapter.
§ 95-46 Discontinuance and abandonment.
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.
If active and continuous operations or occupancy are ceased by a nonconforming use for an uninterrupted period of one calendar year or more, the building, structure or lot occupied by such nonconforming use shall immediately thereafter and henceforth be eligible for or occupied by only conforming uses.
§ 95-47 Extension, alteration and rebuilding.
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 the adoption of this chapter shall not be deemed the extension of such nonconforming use. A nonconforming use may be rebuilt in the event of partial or total destruction thereof to occupy the same space on the lot or rebuilt providing greater yard space and less lot coverage and not exceeding the height of the totally or partially destroyed building.
B.
A nonconforming residence in any district may be extended or altered as long as the extension or alternation meets all other applicable bulk regulations.
[Added 3-16-2006 by L.L. No. 1-2006]
C.
A building, which is accessory to a residence, may be built in any zone as long as the accessory building meets all other bulk regulations.
[Added 3-16-2006 by L.L. No. 1-2006]
§ 95-48 Repair and restoration.
A building or structure of nonconforming use may be repaired or restored to a safe condition.
§ 95-49 Change to another nonconforming use.
A nonconforming use of a building, structure or land may be changed to another nonconforming use more nearly conforming to the requirements of the district in which it is situated; however, no building in which a nonconforming use has been changed to a use more nearly conforming to the chapter for the district shall again be devoted to a less restricted use.
§ 95-50 Construction started prior to adoption of chapter.
Any building or structure for which construction was begun prior to the effective date of this chapter or any subsequent amendment thereof applying pursuant to a properly authorized building permit may be completed and used in accordance with the plans and specifications for such building or structure.
§ 95-51 Existing undersized lots.
A.
For any lot 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, no variance shall be required, provided that:
(1)
Such lot does not adjoin any 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: side yards of eight feet and front and rear yards of 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 property or properties.
§ 95-52 Reduction in lot area.
No lot shall be reduced in area so that it creates a nonconforming bulk or use violation of any regulations contained in this chapter.
§ 95-53 Lots shown on approved subdivision plats.
In accordance with Town Law § 265-a, any lot proposed for residential use in a subdivision whose plat delineates one or more new streets, roads or highways and which said subdivision plat has been properly approved by the Planning Board and filed with the office of the County Clerk 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 shall be considered as complying with such minimum lot requirements for two years after the filing of the subdivision plat.
§ 95-54 Removal of signs on nonconforming buildings.
All signs on nonconforming buildings and uses not in compliance with the requirements of the district in which located shall be removed by their owner within three years after adoption of this chapter. If removal by the Town is necessary because of noncompliance with this section of the chapter, the cost of such removal shall be assessed against the property as part of the taxes.