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Ardsley City Zoning Code

ARTICLE XII

Nonconforming Uses

§ 200-100 Nonconforming uses and other nonconformities.

[Amended 5-19-2003 by L.L. No. 4-2003]
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued, although such use does not conform to the provisions of this chapter. The Superintendent of Buildings shall be responsible for the administration and enforcement of this article.
A. 
Unsafe structures. Any structure or portion thereof declared unsafe may be restored to a safe condition except as prohibited by Subsections B and C of this section.
B. 
Dimensional nonconformity. A building or structure that is conforming in use but does not conform to one or more of the area, dimensional or other such requirements of this chapter shall be deemed to be dimensionally nonconforming. No permit shall be issued that will result in the increase of any such nonconformity, but any such nonconforming building or structure, or portion thereof, may be altered in ways which would not increase the dimensional nonconformity.
[Amended 11-21-2005 by L.L. No. 6-2005; 11-5-2007 by L.L. No. 15-2007]
C. 
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed an extension of such nonconforming use.
(1) 
No building, other than a residence in a residence district, damaged by fire or act of God to the extent of more than 50% of the structure, shall be repaired or rebuilt except in conformity with the provisions of this chapter, except that the regulations for off-street parking for a business building in a B-1 or B-2 District may, upon approval of the Zoning Board of Appeals, be reduced.
(2) 
Any residence in a residence district which has been damaged or destroyed may be rebuilt.
D. 
Abandonment. Whenever a nonconforming use has been discontinued or ceases operation for a period of six months or more, or is changed to a conforming use, such nonconforming use shall not thereafter be reestablished, and any future use of the premises shall be in conformity with the provisions of this chapter.
E. 
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
F. 
Displacement. No conforming use shall be extended to displace a conforming use.
G. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.