Wawayanda City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 195-61 Rights to continue nonconforming uses.
A.
A use, building, lot or structure lawfully in existence as of the effective date of this chapter, as amended, and nonconforming with it or any subsequent amendment may be continued, except as otherwise provided herein with respect to specific uses. Upon request, the Building Inspector/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 not lawfully established or occurring subsequent to the effective date of this chapter, as amended.
E.
A structure, in lawful existence prior to the adoption or subsequent amendment of this chapter which by adoption or amendment of this chapter is made nonconforming, may be used for any allowable use listed for the zoning district in which the structure and property is located, provided that such structure shall not be enlarged or altered so as to increase its nonconformity in terms of dimensional or area requirements.
F.
No nonconforming structure shall be moved or otherwise relocated so as to occupy a different area of the lot or land than was occupied by the structure at the time of the adoption or subsequent amendment of this chapter unless a new location would be more conforming in terms of minimum dimensional or area requirements of this chapter or subsequent amendment thereto.
§ 195-62 Normal maintenance and repairs.
Normal maintenance and repair activities, such as painting, replacing a roof or fixing gutters, 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.
§ 195-63 Restoration, reconstruction or reestablishment.
A.
If within the same footprint and equal intensity and use any nonconforming use, building or structure is damaged, it may be restored or reconstructed within 18 months of the date of the damage, with an extension in time allowable where proven necessary to the Building Inspector.
B.
A nonconforming use, building or structure may be reestablished within a period of 12 months after it has been discontinued or vacated, with an extension of 12 months allowable where proven necessary to the Planning Board.
C.
A nonconforming use, building or structure shall be considered abandoned under 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;
(2)
The building has not been occupied for 12 months or more;
(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 form the premises.
D.
In the TC, RH and MC Zones, on lots less than two acres, a building nonconforming as to the applicable bulk requirements in which a legal, conforming use is maintained may, upon review and approval of the Town Building Inspector and the Town Engineer, be demolished and a new building housing a legal, conforming use may be relocated to a different area of the same lot, if and only if the degree of nonconformity with the bulk regulations is reduced or eliminated. The total square footage of such relocated building may be increased by no more than 20% as compared to the demolished building. The maximum square footage of the new proposed building shall not exceed 4,000 square feet, and the total amount of land disturbed shall not exceed one acre.
[Added 2-4-2016 by L.L. No. 1-2016]
§ 195-64 Changes and additions.
Excepting for activities provided for in § 195-63 above and accessory uses, all changes and additions to nonconforming uses shall be considered special uses, and permits for alterations, changes in use or additions shall be granted only after a determination by the Planning Board that the following conditions have been or will be satisfied.
A.
There shall be no expansion in the amount of land area outside a nonconforming facility that is used for storage of materials, supplies and/or products, excepting with respect to those types of uses outlined below.
B.
Where the nonconforming activity 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 in any material way. Moreover, no change of use shall be to one of less restrictive classification, as determined by the Zoning Board. A nonconforming retail enterprise could be converted to a barbershop, for example, but not to an industrial use.
D.
There shall be no increase in the peak amount of stormwater runoff for the site over what existed as of the date of the enactment of this chapter. The USDA Natural Resources 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.
Should the use proposed for expansion or extension be one which is specifically prohibited as a new use in the Town 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.
§ 195-65 Use of existing nonconforming lots of record.
[Amended 3-4-2021 by L.L. No. 2-2021]
If a lot of record which duly existed prior to the adoption of this chapter or any applicable amendment thereto fails to meet applicable density, setback or lot size standards as set forth herein, the lot may be developed with any compatible use listed for the zoning district in which such nonconforming lot is located, provided that such lot has sufficient width, depth and area to undertake development that will meet the minimum yard setbacks and other dimensional requirements that were effective at the time when the lot of record was created and that all other provisions of this chapter or other laws or regulations which may be applicable are met. Lots that preexist zoning are subject to 1969 zoning setbacks. The provisions of this section shall apply to any additions on such lots after the date of the adoption of this Zoning Law or any applicable amendment thereto.