Washington Town City Zoning Code
ARTICLE VIII
Nonconformities; Restoration; Completion of Construction
§ 165-83 General provisions.
It is the intent of this chapter that nonconformities should not be expanded except as indicated herein, that they should be brought into conformity as quickly as the fair interests of the parties permit, and that the existence of any present nonconformity anywhere in the Town shall not in itself be considered grounds for issuance of a variance for any other use, lot, building, or other structure. Nothing in this chapter shall be deemed to prohibit ordinary repair and maintenance of any nonconforming building or other structure or reconstruction thereof necessitated by fire or other casualty, or replacement of existing materials, or work ordered by the Building Inspector to protect the public health or safety, provided such work does not increase the nonconformity.
§ 165-84 Nonconforming uses, buildings, and structures.
A nonconforming use of land, buildings, and other structures may be continued in accordance with the following provisions and limitations:
A.
Except as permitted by Subsection G below, no building or other structure or part thereof devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, or structurally altered if the result would be an increase in nonconformity.
B.
Except as provided herein, no nonconforming use of a lot or lots shall be moved, in whole or in part, to another part of a lot or outside the lot. Further, no nonconforming use of a lot shall be enlarged or increased, nor shall it be extended, to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter. No nonconforming use of a building or other structure shall be moved or extended to any part of the building or other structure not manifestly arranged and designed for such use at the time the use became nonconforming, and no building or other structure containing a nonconforming use shall be moved, unless the result of any such move is to eliminate or reduce the nonconformity.
C.
No nonconforming use of land, buildings, or other structures shall be changed to any use which is substantially different in nature or purpose from the existing nonconforming use, except to a use which is permitted in the district in which the land, building, or other structure is located, unless the Zoning Board of Appeals finds that the new use will have no greater injurious impact upon the surrounding area than the existing use.
D.
No nonconforming use of land, buildings, or other structures which is changed to conform or to more nearly conform to this chapter shall thereafter be changed to be less conforming.
E.
No nonconforming use of land, buildings, or other structures which shall have been discontinued shall thereafter be resumed. In determining whether a nonconforming use has been discontinued, any one of the following items shall constitute prima facie evidence of discontinuance:
(1)
Any positive act indicating intent to discontinue;
(2)
Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances;
(3)
Cessation of the nonconforming use of a lot and/or structure for 12 consecutive months, or for a total of 18 months during any three-year period;
(4)
Substitution of a conforming use.
F.
All nonconformities shall conform in all other respects to the requirements of the zoning districts in which they are located.
G.
Nonconforming structures or structures containing nonconforming uses may be enlarged, extended, reconstructed, or altered by a maximum of 25% of the aggregate gross floor area of the structure sought to be enlarged as it existed on May 13, 1971, or up to the maximum lot coverage allowed in the zoning district in which the nonconforming structure is located, as provided in Appendix B,[1] whichever is less. Such extension or enlargement of a nonconforming building or other structure must be by special permit from the Zoning Board of Appeals pursuant to § 165-116, Special permits, of this chapter and subject to site plan approval from the Planning Board.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
H.
Signs of a size or type not permitted in the zoning district in which they are situated, or which are improperly located or illuminated, or nonconforming in any other way, shall be considered nonconforming structures under this section and shall be brought into conformity with this chapter pursuant to § 165-42B(8) herein.
I.
Notwithstanding any provision to the contrary herein, no junkyard shall be permitted to continue for more than six months after the effective date of this chapter, nor shall any use, structure, or activity regulated by §§ 165-47 through 165-51 of this chapter enjoy protection as a prior nonconforming use. Quarrying or soil mining conducted in a manner that is exempt from the permitting requirements of the New York State Department of Environmental Conservation or the location restrictions under § 165-43B of this chapter shall not be considered a nonconforming use giving rise to any right to mine above applicable permit thresholds in locations where quarrying or soil mining is not a permitted use.
§ 165-85 Nonconforming lots.
A.
A nonconforming lot, as defined in § 165-140, Definitions, of this chapter, may be built upon for any purpose permitted in the zoning district in which it is located, without a variance, despite its failure to comply with the area, shape, or frontage requirements of this chapter, provided:
(1)
The nonconformity results solely from the adoption of this chapter (including any preceding zoning law or subsequent amendments); and
(2)
The nonconformity has not been increased by any act or event subsequent to the effective date of this chapter; and
(3)
The lot contains at least 20,000 square feet of area.
B.
A nonconforming lot satisfying Subsection A(1) through (3) above shall be designated an "eligible nonconforming lot." A lot shall remain an eligible nonconforming lot until the occurrence of any of the following events:
(1)
Reduction in the lot's size, or any other increase in the degree of its nonconformity for any reason, other than the adoption of a more stringent zoning law;
(2)
Acquisition after December 27, 1989, by the owner of adjoining land which, when added to the original nonconforming lot, forms one or more lots complying with the area, shape, and frontage requirements of this chapter. In such case no portion of the lot(s) so formed shall thereafter qualify as an eligible nonconforming lot under this section, unless and until again made nonconforming by the adoption of a more stringent zoning law; and
(3)
Acquisition after December 27, 1989, by the owner of the lot of adjoining land which, when added to the original nonconforming lot, reduces its nonconformity, but does not form a lot complying with the area, shape, and frontage requirements of this chapter. In such case, a new eligible nonconforming lot shall be formed which reflects the addition of the adjoining lot.
C.
Nothing herein is intended or shall be construed to affect any requirement of this chapter with respect to matters other than the area, shape and frontage of nonconforming lots. An eligible nonconforming lot shall be required to comply with all other requirements of this chapter, including those set forth in the Schedule of District Use Regulations (Appendix A), the minimum setback, maximum building height, and maximum lot coverage regulations set forth in the Schedule of Area and Bulk Regulations (Appendix B),[1] and with all other requirements of the Town, county, and state regarding the construction of buildings and supporting systems. If not specifically listed, eligible nonconforming lots shall comply with the requirements applicable to one acre lots. The Zoning Board of Appeals shall have the authority to modify the lot setback requirements insofar as deemed appropriate and justifiable in the public interest.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
§ 165-86 Restoration.
Any building or structure damaged by fire or other natural causes may be rebuilt to its former size and continue in its former use despite the fact that its structure or use was nonconforming under this chapter, provided such repairs or reconstruction shall be completed within two years of the date on which the damage occurred.
§ 165-87 Completion of buildings under construction.
Any building, extension, or alteration for which a permit has been duly granted, the actual construction of which has been started before the effective date of this chapter, or of a pertinent amendment thereto, may be completed in accordance with plans on file with the Zoning Administrator, provided that such actual construction proceeds in an expeditious manner and the building is completed within one year of the adoption of this chapter.[1]
[1]
Editor's Note: Original Sec. 395, Regulation for an interim period of development and use of lands and buildings, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).