No land, water or building or other structure shall be used and no building or other structure shall be constructed or reconstructed unless it shall conform to this chapter. No lot or land shall be subdivided, sold, encumbered or conveyed so as to:

Minimum requirements. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare.

Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted and multiple-dwelling site plans approved under Article IV.

Continuance of existing nonconforming uses. Any lawful use of a structure or of land existing on the effective date of this chapter may be continued, subject to such limitations as specified in this chapter, even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.

Nonconforming use of land.

Nonconforming use of structures.

Improvement of nonconforming uses. Notwithstanding the provisions set forth above, in order to reduce the adverse external affects of such nonconforming uses, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan review whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking areas and access drives or by any other appropriate means, these purposes may be achieved.

Nonconforming residences. The owner of a residence in a commercial zone known and designated as "office park" or "economic development" may secure a one-time allowance to expand his residence by an amount not to exceed 20% of the existing livable space of that residence and not to exceed the maximum allowed percentage of coverage for any lot in that zone.

Nonconforming lots. Any lot which lawfully existed on the effective date of this chapter and fails to meet the area, shape, frontage or other applicable requirements of this chapter shall be considered a legal nonconforming lot. Provided that the following requirements are met, a structure may be placed on such lots:

Any alteration or reconstruction or repair of any nonresidential or multifamily structure subject to this section shall be further subject to site plan review by the Planning Board.

Signs. Any sign which fails to conform to one or more of the provisions of Article XII shall be removed or shall be changed to conform to the provisions of Article XII.

Special exceptions and site plans. Any use, building or other structure lawfully existing on the effective date of this chapter and for which a special exception or site plan approval would need to be secured under this chapter shall not be considered nonconforming solely for lack of such special exception or site plan approval.

Dust, dirt, fly ash and smoke. No dust, dirt, fly ash or smoke shall be emitted into the air from any lot so as to endanger the public health and safety, to impair safety on or the value and enjoyment of other property or to constitute a critical source of air pollution.

Odors. No offensive odors shall be emitted into the air from any lot so as to impair the value and enjoyment of any other lot.

Gases and fumes. No noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot so as to endanger the public health and safety or to impair safety on or the value and enjoyment of any other lot.

Noise. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. The noise necessarily involved with the construction or demolition of buildings and other structures shall be prohibited except between the hours of 7:00 a.m. and 8:00 p.m. weekly and 9:00 a.m. and 5:00 p.m. on Saturdays.

Vibration. With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.

Wastes. No offensive wastes shall be discharged or dumped into any river, stream, watercourse, storm drain, pond, lake or wetlands.

Glare and heat. No offensive glare from lighting shall be transmitted so as to endanger the public health and safety nor shall it be transmitted into or within any residence district so as to impair the value and enjoyment of any lot therein. No radiant heat shall be perceptible outside the lot where it originates.

Danger. No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable codes and regulations of the State of New York.

Ridgeline protection. Buildings, structures, including towers or storage tanks or other improvements, within any area defined as ridgeline shall not, to the maximum extent practicable, be visible above the top of the ridgeline, or above the top of vegetation located within the ridgeline area, from surrounding private property or public rights-of-way in adjoining lowlands or adjoining ridgelines by cause of excessive clearing, building or structure height, or location of any building or structure with respect to the top of the ridgeline; nor shall excessive clearing of any ridgeline area be permitted for the purpose of site access, site landscaping, installation of subsurface sewage disposal systems, or any other modification to the natural land. The term “excessive clearing,” for the purposes of this section, shall mean the removal of more than 10 trees, eight inches or more in diameter at breast height, per quarter acre of land disturbed.

Stone wall, stone chamber, and root cellar protection.

No site modification or improvement shall result in a net increase in stormwater flow to a neighboring property or to a modification of any existing watercourse.

Any use which does not conform to the performance standards specified in § 138-12.

Use of a trailer coach, motor home, motor vehicle or tent as a dwelling; trailer camps.

The placement or use of a trailer or shipping container on any site for any purpose whatsoever, unless such trailer or shipping container is used as a temporary office or storage facility in connection with an ongoing construction project for which a valid building permit has been issued. Said trailer or shipping container shall be removed from the site not more than 30 days after the issuance of a certificate of occupancy for such construction project. This section shall not apply to trailers used to deliver materials or products to a particular location within the town, provided that such trailer does not remain on the site for more than three business days.

Circus, Ferris wheels or similar amusement devices and outdoor games for profit, except those sponsored by local nonprofit organizations and then only for periods of not more than seven days.

The outside storage of inoperative, unlicensed and/or unregistered automotive vehicles and the outside storage of all automotive parts.

Junkyards, auto graveyards and secondhand parts collection areas, except as to those in existence prior to September 21, 1955, and which have a valid operating permit issued pursuant to Chapter 87 hereof, provided that such junkyards, auto graveyards and secondhand parts collection areas in existence prior to September 21, 1955, shall not be enlarged, extended, increased or otherwise modified.

Fabric-covered storage structures, provided that any structure which has received a permit or certificate of occupancy prior to the enactment of this subsection may remain. Fabric-covered storage structures on commercially zoned properties in existence prior to the enactment of this subsection that were not issued a permit or certificate of occupancy shall have until January 1, 2014, to obtain a conditional use permit from the Planning Board as specified in § 138-60.1.

Temporary agricultural structures, except those used to support farm uses as defined in § 138-4 and that are located within a listed agricultural district.

Smoke shops as defined in § 138-4.

Tier 2 battery energy storage systems.

Tier 3 solar energy systems.

Nonconforming signs; prohibited signs. Refer to Article XII, Signs, for all information regarding the termination of nonconforming signs.

Nonconforming auto junkyards and junkyards. Any nonconforming auto junkyard or junkyard which is nonconforming because it is not permitted in the district may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building.

Nonconforming light manufacturing uses in residential districts. In any residential district, any nonconforming light manufacturing use may be continued for five years after the effective date of this chapter or 15 years after the initial establishment of such use or any addition thereto adding 50% or more to the real value of such use, whichever is the longer period, provided that after the expiration of that period such nonconforming use shall then be terminated.

Nonconforming parking of commercial vehicles in residential districts. In any residential district, any nonconforming parking of commercial vehicles may be continued for two years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall then be terminated.

Nonconforming parking and loading spaces. In any district, nonconforming parking and loading spaces may be continued for seven years after the effective date of this chapter, provided that after the expiration of this period such nonconforming use and feature shall terminate, and provided further that the owner of the nonconforming premises has sufficient available open land at the site to provide parking and loading spaces which conform to the requirements of this chapter.

Within three years after the effective date of this chapter, the owners of all nonconforming uses situated in or adjacent to residential districts shall be required by the Planning Board to protect the residential character of the surrounding residential lands.

Modification by the Board of Appeals. If, on application made at least six months before the expiration of the period prescribed above for termination of a nonconforming use or nonconforming feature thereof, the Zoning Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use or nonconforming feature thereof, then the Zoning Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed and such extension can be granted only once for any use.

Manufactured slopes.

Retaining walls. Retaining walls shall be no higher than 10 feet in height. However, a series of retaining walls of 10 feet in height may be constructed to a maximum height of 30 feet. The horizontal distance between each retaining wall (measured from center line to center line) in a series shall be no less than 10 feet and shall be planted with a dense ground cover, noninvasive vine, shrub, or ornamental tree. Such landscaping shall be maintained on a regular basis, and any plants not in a healthy state shall be replaced within one year at the beginning or end of the growing season, as appropriate to the species.