N.Y. Comp. Codes R. & Regs. tit. 9 § 575.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 575.5 - Replacement and expansion of existing structures

(a) Any existing structure lawfully in nonconformance with the building setback restrictions, or any such structure which was existing on August 1, 1973 and was thereafter removed or destroyed may be replaced in kind on the same foundation or location or in the same immediate vicinity, provided the previously existing setback nonconformance is not increased. A mobile home may be replaced by a single family dwelling, and a single family dwelling may be replaced by a mobile home.

(b) Expansions of existing structures in proximity to lakes, ponds, rivers or navigable streams shall be subject to the shoreline building setback restrictions according to the following rules:

(1) Expansions of existing structures which are in compliance with the building setback restrictions may not result in violation of such restrictions.

(2) An existing structure located within the shoreline setback area may not be expanded in any direction within the shoreline setback area, including an increase of structure height, without a variance; provided, however, no such variance shall be required for a minor rearward expansion or a minor height expansion specified in an agency letter to the property owner.

(c) Expansions of existing structures may also be subject to agency permit jurisdiction, according to the rules set forth in section 573.5 of these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 575.5