UntitledAN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
BE IT RESOLVED AND ORDAINED by the Town Board of the
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Town of Wappinger, Dutchess County, New York, pursuant to
the authority conferred by Article 16 of the Town Law of
the State of New York and also pursuant to Article 9 of the
Town Law, to the extent applicable, as follows:
The Town of Wappinger Zoning Ordinance adopted January
29, 1963, as amended, is hereby further amended as follows:
Section 1: Section 416.031 is hereby amended to read
as follows:
"Section 416.031: A building or structure, the use of
which does not conform to the use regulations for the district
in which it is situated, shall not be enlarged or extended
unless the use therein is changed to a conforming use; except
as permitted by the Zoning Board of Appeals as provided in
Section 544."
Section 2: Section 544 is hereby amended to read as
follows:
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"Section 544. Variance or adjustment.
Section 544.1 Where the strict application of any of
the requirements of the Ordinance in the case of an exception-
} ally irregular, narrow, shallow or steep lot, or other
exceptional physical conditions, as a result of which strict
application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use
of land or building involved, and in such other instances as
provided in this Ordinance, but in no other case, the Zoning
Board of Appeals shall have the power, upon appeal, to vary
or adjust the strict application of the regulations or
provisions of this Ordinance.
Section 544.1.1 In the case of an existing legally non-
conforming use in a residential area, the Zoning Board of
Appeals shall have the power, upon appeal, to permit an
existing non -conforming use to expand the size of the building
or
or structure or enlarge the building/structure provided that:
a) The existing use is a permitted use in the Local
Business (LB) district, as defined in the Zoning Ordinance.
b) The use meets or is made to meet the Local Business
(LB) district standards, as defined in Section 424, and the
proposed extension shall not further violate the yard or lot
requirement of such district, except that the front yard
requirement may be waived by the Zoning Board of Appeals.
c) The use is of a building or structure only, and any
activity in relation to the use is to be conducted solely
within the building or structure.
d) The proposed expansion is no greater than 50/ of the
square footage on the ground floor as the building or structure;
existed as of the time the building or structure became non-
conforming.
e) Any non -conforming use so permitted shall require site
plan approval in accordance with Section 440.
Section 3. This amendment shall take effect immediately
upon adoption, posting and publication as prescribed by
Town Law.
Dated: Introduced July 27, 1968, Special Meeting
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Introduced by: Councilman Finnan
Seconded by: Councilman Clausen
Vote: Supervisor Diehl
Councilman Clausen
Councilman Finnan
Councilman Mills
Councilman Heady
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