Tuxedo City Zoning Code
ARTICLE XIV
Nonconformities
§ 98-75 Policy.
A.
It is the policy of the Town of Tuxedo to allow the continuation of lawful nonconformities where, of themselves, such nonconformities do not endanger the public health, safety and welfare.
B.
Continuing existing uses and structures. Except as otherwise provided herein, the lawful uses, buildings, and structures in existence on the effective date of this Zoning Chapter that are made nonconforming may be continued subject to the conditions set forth in this article.
§ 98-76 Nonconforming uses.
A.
The nonconforming use of land not involving the use of a building or structure may be continued; provided, however, it may not be physically enlarged or intensified, moved in whole or in part to any other portion of the lot or parcel of land, extended to occupy a greater area of land, nor shall external evidence of the use be increased by any means at all.
B.
A building or structure containing a nonconforming use shall not be enlarged, extended or altered structurally unless the use is changed to a conforming use, or except to conform to an order of the Code Enforcement Officer to either correct an unsafe condition or to conform to the requirements of applicable laws or regulations.
C.
No nonconforming use of a building or structure shall be enlarged or extended, except throughout any parts of the structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption of this Zoning Chapter.
D.
No nonconforming use shall be changed to another nonconforming use, except as provided in § 98-79.
E.
Discontinuance. If a nonconforming use is discontinued or ceases operation for any reason for a total period of 12 months during any thirteen-month period, or is changed to a conforming use, the right to continue the nonconforming use is eliminated and any future use shall be in conformity with this Zoning Chapter.
(1)
A nonconforming use is deemed to be discontinued when either:
(a)
Activities consistent with or required for the operation of the nonconforming use have ceased; or
(b)
The structure in which the nonconforming use was conducted is substantially vacated.
(2)
A discontinuance within the meaning of this Zoning Chapter may occur regardless of whether an intent to abandon the nonconforming use exists and irrespective of the adaptation of the structure to that activity.
F.
If any nonconforming use is removed, any subsequent use must comply with the standards specified in this Zoning Chapter.
§ 98-77 Noncomplying bulk.
A building, structure, or activity that is conforming to use but situated on a lot in a manner that does not comply to applicable bulk requirements, including but not limited to lot area, yard dimensions, building height, development coverage, off-street parking, loading, or other bulk requirements set forth in this Zoning Chapter shall be deemed to possess noncomplying bulk. Routine normal maintenance, repairs, and alterations that decrease or diminish said noncompliance are permitted. No permit shall be issued that will increase the nonconformity of any bulk requirements without an area variance from the Zoning Board of Appeals.
§ 98-78 Reconstruction.
A.
A building, structure or activity that complies with applicable bulk requirements but which contains a nonconforming use which is destroyed or damaged by any means to an extent of more than 50% of the replacement cost of the entire building or structure, may not be reconstructed or used except in conformity with this Zoning Chapter.
B.
A building, structure, or activity that complies with applicable bulk requirements but which contains a nonconforming use that is destroyed or damaged by any means to an extent of 50% or less of the replacement cost of the entire structure may be reconstructed. The same nonconforming use may be continued if the reconstruction is completed within one year of the date of such damage, and said reconstruction is completed according to a plan approved by the Planning Board that does not result in any greater level of nonconformity with this Zoning Chapter.
§ 98-79 Improvements to a nonconforming use that diminish impacts.
In order to bring a use that becomes nonconforming upon the adoption of this Zoning Chapter into greater conformity with this Zoning Chapter and reduce and diminish any impacts associated with the operation of said nonconforming use, the property owner may submit a site plan application to the Planning Board that demonstrates said impacts will be diminished. Impacts may be diminished through installation of screening materials, creation of buffer areas, application of noise attenuation measures, reduction of smoke or odors, installation of lighting controls, minor structural or architectural changes, changes to the location or layout of parking lots, loading areas or access drives, or other appropriate means. Such plan shall be presented to the Planning Board, and the Planning Board may approve, approve with modifications or conditions, or disapprove the site plan application in accordance with Article XI of this Zoning Chapter. Said improvements shall otherwise conform to the regulations and requirements of this Zoning Chapter.