No building, structure or premises shall hereafter
be used and no building or part thereof or other structure shall be
erected, moved, reconstructed, enlarged or altered except in conformity
with regulations herein specified for the district in which it is
located. No existing yard, lot area, dimension or other requirement
shall be diminished below the requirements of this chapter.
A.
Regulation of nonconforming uses or structures.
(1)
Any building, structure or use existing on the effective
date of this section which does not conform to the provisions of this
chapter for the district in which it is located may be continued subject
to the requirements of this Article.
(2)
An existing nonconforming use may be replaced by another
nonconforming use, provided no structural alterations are made, and
provided the substituted use is not prohibited in the most restricted
district in which such existing nonconforming use is allowed and is
approved as not more objectionable by the Board of Appeals, subject
to appropriate conditions.
(3)
If a nonconforming use of buildings or land shall
have been changed to a more restricted use, it may not be changed
to a less restricted use.
(4)
If a nonconforming use shall cease for a period of
six months or longer, it shall not be resumed.
(5)
No nonconformity as to use shall be increased or enlarged, except under the provisions of § 197-82.
[Amended 2-5-1992 by L.L. No. 1-1992]
(6)
No structure used for a nonconforming use shall be reestablished, restored or used if the structure is destroyed, damaged or removed by any cause if the cost of such re-establishment or restoration would, according to the estimate of the Building Inspector, exceed 50% of the assessed value of the structure at the time of the destruction, damage or removal; but if such cost would be less than 50% of such value, it may be restored or used, provided that it is done within 12 months of such time. In a specific case involving unnecessary hardship, the Board of Appeals may permit such re-establishment, restoration or use even though such cost would exceed 50% of such assessed value, provided that it would not exceed 50% of the reproduction value of the damaged structure at such time of damage, except as provided for in § 197-5A(10) and (12). In cases involving water-dependent uses and related structures, the Board of Appeals may permit such re-establishment, restoration or use even though such cost would exceed 50% of the assessed value or reproduction value, provided that the reestablished or restored use and structures will result in no greater intensity of activity and development than the use and structures at the time they were destroyed or damaged, the cost of the re-establishment or restoration will not exceed 100% of the reproduction value of the damaged structures at such time of damage and the work will be done within 12 months after approvals are obtained from all other government agencies.
[Amended 6-19-1991 by L.L. No. 11-1991; 12-1-1993 by L.L. No. 11-1993]
(7)
A building that is conforming in use but does not conform to the height, yard or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsection A(2), (3), (4), (5), (6) and (8) of this Subsection A. However, no permit shall be issued that will result in the increase of any nonconformity in height, yard space or land coverage except as provided in § 197-81 of this chapter.
[Amended 8-15-1990 by L.L. No. 13-1990; 2-5-1992 by L.L. No. 1-1992]
(8)
Any use permitted under this chapter in the district
in which it is located only by special permit from the Board of Appeals
or the Planning Commission, which use was in existence prior to the
enactment of such requirement for a special permit, shall be considered
to be a conforming use.
(9)
A building or structure in an area of special flood hazard, as shown on the Flood Boundary and Floodway Map or Flood Insurance Rate Map, that is conforming in use but does not conform to the requirements of § 197-6.1 of this chapter shall not be considered nonconforming within the meaning of § 197-5. However, no permit shall be issued for further development of said building or structure except as provided for in § 197-6.1 of this chapter.
[Added 3-5-1980 by L.L. No. 3-1980]
(10)
In a Membership Club District, club uses, buildings, structures, features and other development existing on June 28, 1991, that do not conform to current property line setback requirements shall not be considered nonconforming within the meaning of this Subsection A. Such uses, buildings, structures, features and other development, if destroyed or damaged, may be replaced, restored or reestablished in the same location, provided that the replaced, restored or reestablished uses, buildings, structures, features and other development will not be closer to a property line, be larger or result in a greater intensity of activity than before they were destroyed or damaged. In addition, the cost of the replacement, re-establishment or restoration shall not exceed 100% of the reproduction value of the damaged structures at such time of damage, and the work shall be done within 12 months after approvals are obtained from all other government agencies.
[Added 6-19-1991 by L.L. No. 14-1991]
(11)
Lots created by the donation of portions of historic
sites, and the lands, buildings and structures located thereon, to
a nonprofit organization for the purposes of historic preservation
and adaptive reuse, which do not conform to the provisions of this
chapter for the district in which these lots are located shall be
considered to be conforming, subject to the following limitations:
[Added 6-16-1993 by L.L. No. 6-1993]
(a)
The land and buildings located thereon are designated as protected sites and structures pursuant to Chapter 117, Landmarks Preservation, of the Code of the City of Rye, and listed on the National Register of Historic Places.
(12)
In cases involving waterfront recreational facilities owned by neighborhood associations, such uses, buildings, structures, features and other development existing on June 28, 1991, that do not conform to current requirements of the Code of the City of Rye shall not be considered nonconforming within the meaning of this Subsection A. Such uses, buildings, structures, features and other development, if destroyed or damaged, may be replaced, restored or reestablished in the same location, provided that the replaced, restored or reestablished uses, buildings, structures, features and other development will not be closer to a property line, larger or result in a greater intensity of activity than before they were destroyed or damaged. In addition, the cost of the replacement, re-establishment or restoration shall not exceed 100% of the reproduction value of the damaged structures at such time of damage, and the work shall be done within 12 months after approvals are obtained from all other government agencies. Restorations, re-establishment and replacements smaller than 200 square feet shall not require Zoning Board of Appeals approval.
[Added 12-1-1993 by L.L. No. 11-1993]
B.
Restoring unsafe buildings. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition of
any part of any building or structure declared unsafe by the Building
Inspector, or compliance with his lawful requirements.
[Added 5-3-1978 by Ord. No. 1-1978]
Residential structures shall have the lowest
habitable floor elevated to at least one foot above the one-hundred-year
flood, defined as the highest level of flood that, on the average,
is likely to occur once every 100 years, i.e., that has a one-percent
chance of occurring each year.
