Wawarsing City Zoning Code
ARTICLE IX
Nonconforming Uses and Structures
§ 112-65 Rights to continue nonconforming uses.
A.
A use, building or structure lawfully in existence as of the effective date this chapter and nonconforming with it or any subsequent amendment may be continued, except as otherwise provided herein with respect to specific uses. Upon request, the Code Enforcement Officer may issue certificates of nonconformance to owners or operators of bona fide nonconforming uses, buildings or structures who desire confirmation of their rights hereunder.
B.
It is the purpose of this article to limit the injurious impact of nonconforming uses, buildings, lots and structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, continuations and extensions of nonconforming uses, buildings or structures may not be contrary to the public interest or the general purpose of this chapter, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration.
C.
It is further the purpose of this article to set forth those standards which are to be applied by the Town in determining the reasonableness of proposals to alter, continue or extend a nonconforming use and to establish when Town review and approval shall be required for such actions.
D.
The protections extended by this article to existing nonconforming uses, buildings, lots or structures, commonly known as "grandfathering," shall not extend to any nonconforming activity occurring subsequent to the effective date of this chapter, as amended.
§ 112-66 Normal maintenance and repairs.
A.
Normal maintenance and repair activities, such as painting, fixing gutters, and replacement of damaged siding with identical siding shall be permitted. Also permitted are alterations, such as adding or removing windows, and interior renovations that do not structurally alter buildings, add living areas or result in extended or increased nonconforming use of a building, lot or structure.
B.
Increases in outside storage or display of retail or wholesale inventory, which in the ordinary course of business would be sold within one year, shall be permitted, provided they do not eliminate parking spaces, unoccupied open spaces or accesses required by this chapter. Notwithstanding this provision, however, the Planning Board, in reviewing any special use application for expansion or upon determining, with respect to any present use, that a condition exists which requires remedies, may establish limits on such storage or display or require removal of inventory (altogether or to another location on the site) to preserve adequate sight distances and residential buffers or otherwise protect public health, safety and welfare.
§ 112-67 Restoration, reconstruction or reestablishment.
A.
If any building legally preexisting in use is destroyed by any means, it may be repaired or reconstructed to the same or some lesser nonconformity in size and on the same location or in the location specified for new buildings in the district in which such use is located. All repairs or reconstruction shall be completed within three years of the date on which the destruction occurred.
B.
A nonconforming use, building or structure may be reestablished only within a period of 12 months after it has been discontinued or vacated subject to issuance of a building permit from the Code Enforcement Officer. The burden of proof shall be on the applicant to demonstrate that the use was not abandoned within 12 months of the date of the building permit application. The provisions set forth in § 112-68, Changes and additions, shall also apply.
C.
A nonconforming use, building or structure shall be considered abandoned under any one of the following circumstances:
(1)
The intent of the owner to discontinue the use is made obvious by the posting of signs, boarding up of windows, failure to pay taxes or assessments or other measures which demonstrate the enterprise is going out of business or the use is otherwise ending; or
(2)
The building has not been occupied for 12 months or more; or
(3)
The nonconforming use has been replaced by a conforming use or changed to another use under permit from the Town; or
(4)
The equipment and furnishings used in furtherance of the nonconforming use have been removed from the premises.
§ 112-68 Changes and additions.
Excepting for activities provided for in § 112-67 above and accessory uses, any changes and additions to nonconforming structures or uses shall be granted only after a determination by the Planning Board that the following conditions have been, or will be, satisfied:
A.
The nonconforming use has not been abandoned, as per § 112-92C. There shall be no expansion in the amount of land area dedicated to a nonconforming use (any buildings or outdoor area) including any area used for storage of materials, supplies and/or products, excepting with respect to those types of uses outlined in § 112-66 above and § 112-69 below.
B.
Where the nonconforming use is one which necessarily results in the storage of large quantities of material, supplies or products outside (such as a lumberyard), the Planning Board may require dense evergreen screening sufficient to shield all such materials from the view of adjacent landowners and/or the traveling public.
C.
No addition, change or expansion of a nonconforming use shall further violate setback and/or height regulations of the district in which it is located. Moreover, no change of use shall be to one of a more intensive classification (e.g., one with more employees, more traffic, more parking). A nonconforming retail use could be converted to a barbershop, for example, but not to an industrial use. The reuse of the site shall not increase the degree of nonconformity of the use.
D.
There shall be no increase in the amount of stormwater runoff for the site over what was existing as of the date of the enactment of this chapter. The USDA Soil Conservation Service, a professional engineer or other appropriate professional may be relied upon to recommend appropriate measures to control stormwater runoff. Such measures shall be attached as conditions of approval by the Planning Board.
E.
In no case will a change, addition or extension of a nonconforming use be allowed which would result in a traffic increase that would decrease the level of service for the highway, the diversion of traffic closer to a nearby residence or a reduction of any of the parking and unloading requirements of this chapter where additional parking or loading would otherwise be required due to the change, addition or expansion. If the total number of parking spaces for the site is to be increased more than 25% over those available as of the date of this chapter, the Planning Board may require vegetative screening of the parking area from nearby residential areas.
F.
Should the use proposed for expansion or extension be one which is specifically prohibited or is determined by the Planning Board to be one similar to such a use or of such a nature as to impose health, safety or welfare concerns which cannot be satisfied by the imposition of the conditions permitted under this chapter, the requested expansion or extension shall be denied.
G.
Where standards exist in this chapter for a legally nonconforming use, the nonconforming use shall adhere to said standards, but under no circumstances shall it be expanded, or shall the density or intensity of the use be increased beyond what exists presently.
H.
Preexisting nonconforming camps. Upon the effective date of this Zoning Chapter, legally existing, nonconforming camps, including those located outside the boundaries of the Camp Overlay District, shall not be required to obtain a special use permit, except as set forth below. Notwithstanding the provisions of § 112-67, the discontinued use or vacancy of a particular building or structure within an existing nonconforming camp shall not be deemed an abandonment provided the camp use on the parcel has not been discontinued for 12 months or more. The alteration or expansion of any such nonconforming camp shall be allowed as follows:
[Added 7-20-2023 by L.L. No. 4-2023]
(1)
The addition or alteration of structures, other than cabins or other sleeping quarters, within the same limits of disturbance, shall require site plan review and approval under Article VIII of this chapter. The changes shall meet the special use standards for camps set forth in § 112-41, but shall not require a special use permit. This subsection shall not apply to interior alterations of structures not increasing camp capacity.
(2)
The addition or alteration of structures, other than cabins or other sleeping quarters, that expands the limits of disturbance, shall require site plan review and approval under Article VIII of this chapter. The changes shall meet the special use standards for camps set forth in § 112-41 but shall not require a special use permit.
(3)
The conversion of any existing buildings to cabins and other sleeping quarters, which increases the sleeping capacity of the camp, or which requires changes to any water or sewer systems serving the camp, and which does not increase said capacity by more than 35% of the of the septic capacity as documented by the Department of Health permits in effect on the effective date of this chapter and which does not increase the limits of disturbance, but otherwise meeting the bulk and zoning requirements applicable to the zoning district within which the camp is located, shall require site plan review and approval under Article VIII of this chapter. The 35% increase in septic capacity shall be calculated cumulatively and include the increase that results from all changes that occur after the effective date of this chapter. The changes shall meet the special use standards for camps set forth in § 112-41 but shall not require a special use permit.
(4)
The conversion of any existing buildings to cabins and other sleeping quarters, which increases the sleeping capacity of the camp, which increases said capacity by more than 35% of the septic capacity as documented by the Department of Health permits in effect on the effective date of this chapter, or the construction of new cabins or other sleeping quarters shall require special use permit and site plan review and approval under Article VIII of this chapter and said expansion shall be subject to the special use permit standards and requirements of § 112-41. The 35% increase in septic capacity shall be calculated cumulatively and include the increase that results from all changes that occur after the effective date of this chapter.
(5)
The expansion of any existing camp to any adjacent parcel of property not part of the existing camp development shall require special use permit and site plan review and approval under Article VIII of this chapter and said expansion shall be subject to the special use permit standards and requirements of § 112-41. This subsection shall not apply to lot line adjustments where no new camp development or camp use is proposed on the expanded lot area until such time as new camp development or camp use is proposed on the expanded parcel.
§ 112-69 Use and subdivision of existing nonconforming lots of record.
A.
A structure may be erected on any existing lot of record, provided:
(1)
The owner does not own adjoining property;
(2)
A front yard is not reduced in size;
(3)
A side yard is not reduced to less than 50% of the requirement for the district in which it is located or 20 feet, whichever is greater; and
(4)
A sewage disposal system meeting New York State standards, including well and septic separation distances, can be placed on the lot where public sewer or water is unavailable.
B.
Parcels located in the RU District with a land area of five acres or more, in existence at the date of adoption of this chapter and its amendments may create a one additional lot with a land area of three acres providing all other provisions of this chapter can be met.