TOWN OF NEW HARTFORD ZONING BOARD OF APPEALS MEETING
MONDAY, January 28, 2008
NEW HARTFORD PUBLIC LIBRARY MEETING ROOM (downstairs, rear entrance)
2 Library Lane
NEW HARTFORD, NEW YORK
 6:30 p.m.

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ITEMS ON AGENDA:

  • The application of Murphy Excavating, Inc., 9309 Chapman Road, New Hartford, New York, which is seeking to add approximately 2,000 square feet of office space to a legal non-conforming building/use.  The addition will be two (2) stories and erected to the southerly end of the existing building with each floor measuring 1,020+ square feet, in accordance with the Town of New Hartford Code, Section 118-69A, a non-conforming use may not be expanded.  Applicant is seeking a Use Variance to expand.

 

Town of New Hartford Code

§ 118-69. Nonconforming use of buildings.

The lawful use, under any previous Town of New Hartford Zoning Law or Ordinance, of any use, structure or building existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions hereof, and any such building that may be reconstructed or structurally altered or the nonconforming use therein changed are subject the following regulations:

 

A. Expansion. A nonconforming building or use shall not be expanded unless such nonconforming building or use is made to conform to the current regulations of the district in which it is located.
B. Reconstruction/alterations. A building, nonconforming as to use, may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building, unless the use of such building is changed to a conforming use. This section shall not be deemed to apply to normal repair and maintenance.
C. Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, any future use shall be in conformity with the provisions of this chapter.
D. Restoration. A building nonconforming as to use which has been damaged by fire or other causes to the extent of more than 50% of its fair value, exclusive of its foundation, shall not be restored except in conformity with the regulations of this chapter. As used in this subsection, the word "building" shall be construed as being singular.
E. Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
F. Validity of permit. Any building for which a permit has been lawfully granted and on which construction has been started and diligently prosecuted before the effective date of this chapter may be completed.
G. A nonconforming use shall not be changed to another nonconforming use without the approval of the Zoning Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or a more restricted nature.