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Briarcliff Manor Town
City Zoning Code

§ 220-13

Applicability of provisions.

A. 
Conformity required. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located or is to be moved.
B. 
Completion of structures for which a permit has been issued. Nothing in this chapter, or any amendment thereto, shall be deemed to require any change in the plans, construction or designated use of any building for which a permit was duly issued and on which actual construction was lawfully begun prior to the effective date of this chapter or of any amendment thereto and upon which building actual construction has been diligently carried on. “Actual construction” is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated such excavation shall be deemed to be actual construction, or where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction; provided that actual construction work shall be diligently carried on and the building completed within the term of the building permit and any extension thereto. Similarly, whenever a district shall be changed hereafter, the provisions of this subsection with regard to previously issued building permits shall apply to building permits issued for construction in such changed district prior to the time the amendment effecting such change becomes effective.
[Amended 11-6-2003 by L.L. No. 10-2003]
C. 
Required yards cannot be reduced or used by another building.
(1) 
Yards may not be reduced. No lot shall be so reduced in area as to make any yard or court smaller than the minimum required under this chapter.
(2) 
Yards may not be used for another building. No part of a yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure.
(3) 
Division of existing lot must assure conformity of each part. Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the provisions of this chapter with respect to the existing building and no permit shall be granted for the erection of a new building or structure upon the new lot thus created unless it complies with all the provisions of this chapter.
D. 
Applicability of bulk local laws. Nothing in the building bulk provisions of Local Law No. 6 of 2003, adopted on September 3, 2003, or in this Local Law No. 7, adopted on August 16, 2007, shall be deemed to require any change in the plans, construction or designated use of any building (i) for which a special permit was duly issued prior to the adoption date of said local law, regardless of the status of the construction of such building, or (ii) for which a building permit was duly issued and on which actual construction was lawfully begun prior to the adoption date of said local law and upon which building actual construction has been diligently carried on. For purposes of this section, the definition of "actual construction" shall be that as provided in § 220-13B hereof.
[Amended 9-3-2003 by L.L. No. 6-2003; 8-16-2007 by L.L. No. 7-2007]
E. 
Westchester County Greenway Compact Plan. By Local Law No. 5 of the Year 2004, the Village of Briarcliff Manor has adopted the Westchester County Greenway Compact Plan, as amended from time to time and accepted by the Village of Briarcliff Manor as set forth in Chapter 217, as a statement of policies, principles, and guides to supplement other established land use policies in the Village. In its discretionary actions under this Zoning Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
[Added 11-4-2004 by L.L. No. 5-2004]