The Bethel town board has adopted zoning changes that prohibit the expansion of nonconforming uses; a nonconforming use is one that in previous years was allowed but has since been banned because of zoning updates – for instance a summer camp in a residential neighborhood.

Previously nonconforming uses could expand by obtaining a special-use permit from the planning board. Now, if a nonconforming use in the town wants to expand, it must receive a variance from the zoning board of appeals, and variances are significantly more difficult to obtain and are more easily challenged in court.

In discussing nonconforming uses at the town meeting on October 22, Bethel Supervisor Dan Strum said the zoning board and planning boards had been asking for several changes for a couple of years. He said the section on summer camps was not clear to the boards.

He also said, "For example, bungalow colonies would now be a nonconforming use... The new section, in keeping with the comprehensive plan that we (adopted) and encouraging responsible development, we said, to be clear, if you're a nonconforming use, you cannot expand or enlarge. That's what the planning board wanted, that's what the zoning board wanted, and I think that's what the people want."

The county planning department also signed off on the zoning changes. No one at the meeting spoke against the new regulations regarding nonconforming uses.

Other towns that have moved to address nonconforming uses and bungalow colonies include the The Town of Fallsburg, which recently proposed zoning changes. The proposed language includes the sentence: “It is the intent of the Town of Fallsburg to not promote the expansion of bungalow colonies.”

In Fallsburg, bungalows are also nonconforming uses; the new regulation would allow residential buildings to be altered but would not allow the addition of any bedrooms.

In 2005, the Town of Thompson, situated between Fallsburg and Bethel, adopted regulations which banned the expansion of nonconforming uses, effectively ending the expansion of bungalow colonies in some districts.

The Town of Liberty considered similar legislation in 2011, but never acted on it.

Outdoor events

The zoning updates in Bethel included a provision by which homeowners and businesses can apply for a permit to hold 60-hour outside events in the summer, such as concerts. However if the entity is an established eating venue, and the event is expected to draw fewer than 200 people, then no permit is needed. Sturm said this provision would apply to places such as the Dancing Cat Saloon and Hector’s Inn.

Further, the regulation said that once an event is established, and is successfully held without complaints, the planning board may, at its discretion, waive the public hearing requirement for the following years.

Council member Dawn Ryder objected to that, saying that it is always important to hear input from the public in this type of situation.

Sturm said the provision would only be used if there were no complaints about a particular event involving noise, traffic or other complaints from neighbors, and would signal to organizers that events are welcome in the Town of Bethel.

The zoning updates were passed four to one, with Ryder voting no.