§ 96-21. Nonconforming docking and mooring facilities, structures and uses.

A. 

Upon the effective date of this chapter, an existing nonconforming building structure or use shall not be enlarged or expanded. A nonconforming building and/or structure damaged 50% or greater of its existing value at the time of loss or damage shall only be allowed to be reconstructed if said building and/or structure is in conformance with this chapter and such reconstruction is completed within 18 months of such happening.

(1) 

Normal maintenance and repairs and incidental alteration of a docking and mooring facility, building or structure containing a nonconformity is permitted, provided that it does not extend or expand the area occupied by the nonconformity. Piers or wharves requiring limited expansion for repair or reconstruction shall comply with all NYSDEC regulations.

B. 

A nonconforming docking and mooring facility, other structure or use may be made in conformance. Once a nonconformity is brought into compliance, it may never be reestablished, and future structures, uses and docking and mooring facilities shall be in conformity with the provisions of this chapter.

C. 

If a permanent docking and mooring facility is replacing a nonconforming seasonal dock and mooring facility, it must be in compliance with all applicable provisions of this chapter.

D. 

Whenever a nonconforming use, building or structure, or any part or portion thereof, has been discontinued for a period of one year or more, such nonconformity shall not thereafter be reestablished, and all future docking and mooring facilities, uses or structures shall be in conformity with the provisions of this chapter.

E. 

Except as otherwise provided by Article 6, § 75, of the Public Lands Law:

(1) 

Any unexpired uniform docking and mooring permit issued between 1992 and the effective date of this chapter and any docking and mooring or associated facility authorized by said permit, whether or not said facilities have been constructed, shall be considered in compliance with this chapter.

(2) 

Any preliminary or final site plan approval for a docking and mooring facility granted prior to 1992 shall be considered in compliance with this chapter.

F. 

After the effective date of this chapter and upon the written request of the adjoining parcel owner, an examination by the enforcement officer of any existing use and structures shall be made. A report of the findings shall be made upon such examination, together with a certificate of nonconforming use, which shall clearly describe the extent of use, the number, size and location of all docks, boat slips, boat structures and boathouses. Such certificate shall be maintained by the enforcement officer, and one copy shall be furnished to the adjoining parcel owner.

(1) 

Any existing certificate of nonconforming use for docking and/or mooring facilities or uses in existence prior to the adoption of the 1992 local law does not need to be reissued.