When replacing or expanding non-conforming structures, the questions that are asked by this office are always the same.
The answers will determine how the application is treated.
First, what is a non-conforming structure?
Anything on land or water (this includes docks, boathouses, garages, houses, bunkhouses, storage sheds, decks… again, anything on land or water) that in one way or another does not comply with today’s local regulations.
Obviously, the town only has jurisdiction over town local laws, primarily the zoning ordinance.
Although the town has jurisdiction over all the NYS Fire and Building Codes, this article is not about the NYS Building codes… it’s only about local zoning and land use regulations in the Town of Webb.
If you are not in Webb, contact your local Code Office for specific requirements in your town.
Usually a non-conforming structure is either too big or too close to a property line; at least those are the most common.
There could be issues of a house too close to the shoreline. Boathouses and docks are the only structures allowed within or on the shoreline.
A dry boathouse, not having direct access (touching) the water, is not a boathouse by definition.
It’s a storage building and requires the appropriate setback from the shoreline just like a house, garage or any other structure.
What are the primary questions needed to get the permit process started?
Do you have a survey showing the current location of all structures, especially the non-conforming ones?
Are the structures lawfully non-conforming (grandfathered)?
When were the structures built? Old photos, old permits, old surveys may be used to show this.
Do you have a plan of action? Use a copy of the survey showing the footprint of the expansion or replacement. Provide dimensions to property lines and other structures.
Do you have a plan or drawing of the new, or renovated structure? Elevations and floor plans are examples, drawn to scale.
These are the basic questions.
Depending on what you want to do, depending on the size of the property and depending on the proximity to adjoining properties, will depend on how the application is directed.
If the changes of a non-conforming structure make the structure conforming, thus meeting all the setbacks or other issues for the local laws, the Code Office can issue the permits without any board action.
However, if compliance to the local regulations cannot be obtained, for whatever reason, one of two different boards will be involved; either the Town Planning Board or Zoning Board of Appeals.
Going to either board is not a guarantee of approval, but usually each board tries to be reasonable.
Every situation is different and will have different merits.
Also, the two boards are very different themselves.
The Planning Board entertains applications that are potentially compliant, with their approval.
The Zoning Board of Appeals entertains applications seeking to do something that is simply prohibited by local law.
These are two very different concepts, and will be looked at based on the merits of the situation.
We all know that the Adirondack Park Agency is out there as well.
They have similar non-conforming structure criteria, but not identical.
Having the answers to all these questions will help the Code Office to advise you about the APA requirements.
Understand we do not have any jurisdiction over APA regulations, but we can help you file a jurisdictional Inquiry Form to the APA to find out if our advice is accurate.
Other agencies such as DEC may also be involved.
Knowing this stuff at the beginning of the planning process for your project may significantly reduce the time involved in getting the approvals. Knowledge and understanding are powerful tools.