A.Â
Definition. For the purposes of this chapter, a nonconforming building or use is defined as any building, structure or use, whether of a building or tract of land or both, which does not conform to the regulations respecting permitted uses as set forth in this chapter for the district in which it is situated but which lawfully existed prior to the enactment of this Zoning Ordinance or any revision or amendment thereto and which is maintained after the effective date thereof although it does not conform to the use regulations of the district in which it is located. The above definition shall not apply to § 285-29.1 of this chapter, which specifies nonconforming regulations that apply specifically to said section.
[Amended 7-8-1987 by L.L. No. 3-1987; 11-9-2015 by L.L. No.
14-2015]
B.Â
Continuance. Any building, structure or use lawfully
existing under the provisions of the Zoning Ordinance in effect at
the time of the creation of said building or structure or the establishment
of said use, or prior to the establishment of any zoning regulation
in the Town of Greenburgh, although not conforming with the provisions
of this chapter for the district in which it is situated, may be continued
subject to compliance with the conditions set forth below. Similarly,
whenever a district shall be changed hereafter, the provisions of
this chapter with regard to any buildings, structures or uses lawfully
existing at the time of the passage of this chapter shall apply, subject
to compliance with the conditions set forth below, to any building,
structure or use lawfully existing in such changed district at the
time of the passage of such amendment.
[Amended 7-8-1987 by L.L. No. 3-1987]
C.Â
Conditions governing nonconforming uses.
(1)Â
No building, structure or use which is nonconforming
with respect to any provisions of this chapter shall be altered or
enlarged in such manner as to increase such nonconformance. The provisions
of this subsection shall not apply to any alteration which may be
required by order of the Building Inspector to strengthen or restore
a building or structure or any part thereof to a safe condition.
[Amended 7-8-1987 by L.L. No. 3-1987]
(2)Â
Any nonconforming building, structure or nonconforming
use, if changed to conform to the requirements of this chapter, shall
not thereafter be changed back to a nonconforming building or use.
[Amended 7-8-1987 by L.L. No. 3-1987]
(3)Â
Any nonconforming use, if discontinued for whatever
cause for six months or longer, shall be deemed to be abandoned and
shall not be resumed. Intent to resume a nonconforming use shall not
confer the right to do so.
(4)Â
If any building in which any nonconforming use is
conducted or maintained is hereafter removed, the subsequent use of
the land on which such building was located and the subsequent location
and use of any building thereon shall be in conformity to the regulations
specified by this chapter for the district in which such land is located.
(5)Â
Any nonconforming building or structure, if damaged or destroyed from any cause to the extent, as determined by the Building Inspector in consultation with the Town Assessor, of over 75% of the current value of such structure above the foundation, shall not be rebuilt or restored for the continuance of a nonconforming use therein. Such building or structure, if damaged to the extent, as determined by the Building Inspector, of less than 75% of the current value of such structure above the foundations, may be restored in the same location, provided that it is not enlarged or extended, it is made substantially to conform to the height and yard requirements applicable to the district in which it is located and the Zoning Board of Appeals grants a variance permitting the restoration and continuance thereof without enlargement or extension of any previously existing nonconforming use therein, subject to the provisions of Article VII herein and to such additional limitations and safeguards as the Zoning Board of Appeals may deem necessary in the public interest for the protection of nearby conforming uses. Any building or structure made nonconforming by the reductions in permitted density in the OB, OB-1, LOB, PD and CB Districts by an amendment to this chapter adopted as Local Law No. 3 of 1987 may be reconstructed at its original density if damaged or destroyed. Application for a permit to build or restore the damaged portion of any building or structure damaged or destroyed as set forth in the preceding paragraph shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.
[Amended 7-8-1987 by L.L. No. 3-1987]
(6)Â
Notwithstanding the foregoing provisions of Subsection C(5), a one-family dwelling conforming to this chapter, except as to required yards, if accidentally destroyed or damaged from any cause to the extent of not more than 75% of its volume above the foundations, as determined and certified by the Building Inspector, may be rebuilt or restored on its original foundations and, if accidentally destroyed or damaged to a greater extent of such volume, may be rebuilt or restored to provide an equivalent livable floor area but shall conform to the side and rear yard requirements of the district in which it is situated and shall not be nearer to the street than the average distance of the dwellings on the lot adjacent thereto on each side or, if there are none adjacent, the average distance of the two nearest dwellings on the same side of the street, but in any event not more than the distance required in the district in which it is situated.
[Amended 7-8-1987 by L.L. No. 3-1987]
D.Â
Repair and maintenance of nonconforming uses. Nothing
in this article shall be deemed to prevent normal maintenance and
repair or the carrying out, upon issuance of a building permit, of
major structural alterations or demolition in the interest of public
safety.
E.Â
Required termination of nonconforming uses. Each of
the nonconforming uses specified in this section is deemed sufficiently
objectionable, undesirable and out of character in the district in
which such use is located as to depreciate the value of other property
and uses permitted in the district and blight the proper and orderly
development and general welfare of such district and the community
to the point that each such nonconforming use must be and shall be
terminated on or before the expiration of the specified period of
time after the effective date of this chapter, which period of time
is specified for the purpose of permitting the amortization of the
remaining value, if any, of such use:
(1)Â
In any residence district, any nonconforming use of
vacant land, including but not limited to such uses as a parking lot,
trailer or open storage yard for materials or equipment, may be continued
for three years after the effective date of this chapter, provided
that after the expiration of that period such nonconforming use shall
be terminated. Any such use that was made nonconforming by previous
zoning shall be governed by the provisions of said previous chapter.
(2)Â
A sign not of a type permitted or of a permitted type
but of a size exceeding the maximum permitted size by more than 10%,
as indicated herein or in the Sign and Illumination Law[1] of the Town of Greenburgh, may be continued for one year
following the effective date of this chapter, provided that after
the expiration of that period, such sign shall be terminated. Any
noncompliance as to location of any sign shall be corrected within
six months following the effective date of this chapter. Any such
sign that was made nonconforming by previous zoning shall be governed
by the provisions of said previous chapter.
(3)Â
The keeping of roomers and/or boarders, except those established by special permit after the effective date of this, the 1980 Town of Greenburgh Zoning Ordinance, as set forth in Article VII herein, shall be terminated as of August 1, 1986, and after that date shall not be considered a legal nonconforming use regardless of its legal status when established. The Zoning Board of Appeals may, by special permit, grant an extension of time for termination of such a use upon a showing by an applicant that a substantial financial investment was made to accommodate said roomers and/or boarders and that additional time is necessary to reasonably amortize the investment costs incurred in relation to the return on the investment received.
[Amended 1-22-1986]
F.Â
Change to another nonconforming use. No nonconforming
use shall be changed to another nonconforming use.
