Village of Irvington, NY Article XVII Nonconforming Buildings and Uses

[Amended 4-20-1987]

§ 224-89 General provisions.

Subject to the provisions of § 224-36 hereof, the following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter; to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof;[1] and to all conforming buildings housing nonconforming uses:

A. Any type of nonconforming use of buildings or open land may be continued indefinitely but shall not be:

(1) Enlarged, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter or of any applicable amendment thereof, nor shall any external evidence of such use be increased by any means whatsoever.

(2) Changed to another nonconforming use without a special permit from the Board of Appeals and then only to a use which, in the opinion of said Board, is of the same or a more restricted nature.

(3) Reestablished if such use has been discontinued for any reason for a period of over 90 days or has been changed to or replaced by a nonconforming use. Intent to resume a nonconforming use shall not confer the right to do so.

B. Except as provided in Subsection D below, no building which houses a nonconforming use shall be:

(1) Structurally altered or enlarged.

(2) Moved to another location where such use would be nonconforming.

C. Any building housing a nonconforming use which building is damaged or destroyed from any cause may be restored but not enlarged, and the nonconforming use may be reinstated within one year of such damage or destruction. If the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of said building.

D. Any building, the use of which is in conformity with the regulations set forth in this chapter but which building does not conform to one or more of the area or height requirements hereof may be altered or enlarged, provided that such building shall not be altered or enlarged so as to increase the degree of nonconformity thereof.

[Amended 4-6-2009 by L.L. No. 1-2009]

E. Any building, the use of which is in conformity with the regulations set forth in this chapter but which building does not conform to one or more of the area or height requirements hereof, may be restored if damaged or destroyed provided that:

[Added 4-6-2009 by L.L. No. 1-2009[2]]

(1) The building was not destroyed or damaged at the order of or with the consent of the owner; and

(2) The restoration or rebuilding does not increase the degree of nonconformity that existed before such damage or destruction.

[2] Editor's Note: This local law also redesignated former Subsection E and F as Subsections F and G, respectively.

F. Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.

G. In no event shall an unlawful use under any previously existing Building Zone Ordinance[3] of the Village of Irvington be deemed to be a nonconforming use under this chapter.

[3] Editor's Note: See Ch. 95, Building Construction.

[1] Editor's Note: A copy of the Zoning Map is included at the end of this chapter.