Any building or use existing on the effective date of this chapter and permitted by the zoning ordinance in effect immediately prior to that date, although not conforming with the other provisions of this chapter, may be continued, subject to compliance with the provisions of § 145-22 of this chapter and subject to the following conditions:
A.
No such building which is nonconforming with respect to height, area or lot location or setback from any lot line shall be enlarged or altered in such manner as to increase any nonconformity, subject to the provisions of § 145-22 of this chapter.
B.
No such building which is nonconforming with respect
to use shall be enlarged nor shall it be altered structurally except
as may be allowed by law or ordinance.
C.
No such nonconforming use shall be enlarged or extended,
nor shall it be changed to another nonconforming use.
D.
No such nonconforming building or use if changed to
a building or use which conforms with the provisions of this chapter
shall thereafter be changed to a nonconforming use or building.
E.
No such nonconforming use if discontinued for six
months or longer shall be resumed.
F.
No such nonconforming building, if 50% or more of
assessed value thereof is destroyed due to any cause, shall be restored
in nonconforming form or location or for the continuance of a nonconforming
use, except that such a building if destroyed accidentally due to
a fire, explosion or other cause, may, if so permitted by the Board
of Zoning Appeals, be restored in substantially the same form and
location, but without enlargement, for a conforming use or the continuance,
but without extension of the nonconforming use.
G.
For the purposes of this section, and consistent with
the past practices and interpretations by the Village of Laurel Hollow,
a nonconforming use shall be deemed to have been enlarged or extended
if:
[Added 10-19-1998 by L.L. No. 2-1998]
(1)
The volume of the use increases;
(2)
The use is conducted on a portion of the premises
upon which it is located where such use had not immediately prior
thereto been conducted;
(3)
Any building or structure is erected, constructed,
enlarged, used or maintained for such use;
(4)
The number of employees, animals or vehicles used
or engaged in the use is increased over the number which were used
or engaged in the use immediately prior thereto;
(5)
The hours or days during which the use is conducted
are increased, expanded or changed to encompass hours or days during
which the use had previously not been conducted; or
(6)
The nature or scope of products sold or consumed as
part of such use is changed or expanded to include products not previously
sold or consumed as part of such use.
[Added 3-11-1996 by L.L. No. 2-1996]
A permit may be issued for the construction
of a building or structure on a lot which does not conform to the
minimum required area, frontage or other dimensional requirements
of this chapter, provided that a valid conveyance was recorded prior
to the adoption of the zoning restriction(s) which rendered said lot
nonconforming. Notwithstanding the foregoing, if the owner of the
lot owns a contiguous lot or lots, then such contiguous lot or lots,
or so much thereof as may be necessary, shall be merged with the nonconforming
lot in order to bring said lot into conformance with this chapter,
or at least to reduce the degree of nonconformity to the maximum extent
possible. Irrespective of any remaining dimensional nonconformity,
all yard setbacks, maximum coverage standards and other similar requirements
which are in effect at the time of obtaining the building permit must
be complied with, insofar as feasible.
[Amended 3-11-1996 by L.L. No. 2-1996; 10-19-1998 by L.L. No.
2-1998]
In the case of a lot on which there stands,
on the effective date of this chapter, a dwelling or other principal
building or accessory building or structure which conforms with the
zoning ordinance in effect immediately prior to that date, which lot
shall not at any time on or after the effective date hereof have been
reduced in area or in any dimensions, the fact that the area of such
lot is less than that prescribed in this chapter or that the length
of front lot line frontage of said lot is less than that prescribed
in this chapter shall not prevent the erection, enlargement, alteration
or maintenance on such lot of buildings or structures which, as so
erected, enlarged or altered, comply with all other provisions of
this chapter.
No building shall be used or maintained on a
lot which is hereafter reduced in area or length of front lot line
frontage in violation of the following provisions:
A.
No improved lot shall be reduced in area or in any dimension unless the lot so reduced has at least the area prescribed in § 145-5 of this chapter and has the unoccupied spaces required by the other provisions of this chapter.
B.
No improved lot shall be reduced in length of nor be subdivided so as to reduce in length or eliminate its front lot line frontage unless each lot as so reduced or resulting from such subdivision has at least the length of front lot line frontage prescribed in § 145-5 of this chapter or unless the reduction or subdivision is permitted as a variance by the Board of Zoning Appeals upon application to such Board under and pursuant to § 145-28 of this chapter or, further, unless the subdivision is effected pursuant to a plat submitted to and approved by the Planning Board of the village.
[Amended 1-20-1964; 12-20-1966]
C.
No improved lot shall be reduced in area or in any
dimension unless the setback of each then-existing building from any
new boundary line shall be at least the setback which would be required
by the other provisions of this chapter for a building of the same
kind then newly erected in the same location.
[Amended 3-11-1996 by L.L. No. 2-1996]
Not less than two off-street parking spaces,
including the necessary access and egress drives thereto, shall be
provided to serve each single-family dwelling. Each such parking space
shall be a minimum of 10 feet wide by 20 feet long, with a sufficient
access drive and maneuvering area so as to not require the backing
of any vehicle onto a street. Off-street parking and loading requirements
for uses other than single-family dwellings shall be determined on
a case-by-case basis by the approving authority, i.e., either the
Village Board of Trustees or the Board of Zoning Appeals, as appropriate.
The number, size, design and location of parking spaces shall be based
upon the number of employees, residents, students, visitors or guests
estimated to be on the property at the maximum time and shall also
take into consideration the estimated rate of turnover of such spaces.
The approving authority may require the applicant to prepare and submit
such studies as are determined necessary by the approving authority
to assist it in making such decision.
[Amended 3-11-1996 by L.L. No. 2-1996]
Public utility buildings or structures, where
not otherwise authorized by law, are permitted with the approval of
the Board of Trustees. The provisions of this chapter with respect
to height, area and setbacks shall not be applicable to any such building
or structure, but in approving any such building or structure, the
Board of Trustees shall make reasonable provision for the height,
area and setback of each such building or structure. The Board of
Trustees may also impose reasonable conditions on such approval in
order to promote the good order, peace, health, safety, morals and
the general welfare of the village and its inhabitants, to the extent
to which such restrictions may be permitted by law.
