Carmel City Zoning Code
Article
V Nonconforming Uses
§ 156-46 Conformance required.
Except as hereinafter provided, no building or land shall be constructed or used except in conformity with the provisions of this chapter which apply to the district in which it is located. However, the following provisions shall apply to all buildings and uses of land or buildings existing on the effective date of this chapter, which buildings and uses of land or buildings do not conform to the requirements set forth in this chapter; to all building and uses of land or buildings that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming uses.
§ 156-47 Continuation.
A.
Except as provided in § 156-50 hereinafter, any type of nonconforming use of buildings or land may be continued indefinitely, but shall not be:
(1)
Enlarged or structurally altered, 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, except whereby, through such alteration, it is changed to a conforming use.
(2)
Changed to another nonconforming use without approval from the Board of Appeals and then only to a use which, in the opinion of said Board, is of a more restricted nature.
(3)
Reestablished after the physical operation thereof has ceased for a period of one year for any reason. Intent to resume active operation of nonconforming use after cessation thereof shall not confer the right to do so.
B.
The lot area of any nonconforming use shall not be reduced if it is nonconforming. If the lot is of conforming area and dimensions, it shall not be reduced to a nonconforming area or dimensions.
§ 156-48 Alteration or relocation.
Except as provided in § 156-49 hereinafter, no building which houses a nonconforming use shall be:
§ 156-49 Restoration.
A.
Any building which houses a nonconforming use and which is damaged or destroyed from any cause may be restored to its original size but not enlarged, and the nonconforming use reinstated within one year of such damage. If the restoration of such building is not completed within said one-year period, the physical operation of the nonconforming use of such building shall be deemed to have ceased, unless such nonconforming use shall have been carried on without interruption in the undamaged portion of such building.
B.
Any building housing a conforming use which does not conform to other than use regulations as set forth in this chapter may be rebuilt, if damaged, but shall not be altered or enlarged so as to increase the degree of nonconformity thereof.
§ 156-50 Maintenance and repair.
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety, provided that the floor area or the nonconformity is not quantitatively extended.
§ 156-51 Effect of approved plans or permits.
[Amended 10-27-1982]
A.
Nothing contained herein shall require any change in the plans, construction or designated use of a building shown on any of the following:
[Amended 3-20-2002 by L.L. No. 1-2002]
(1)
Subdivision plats for which:
(a)
Preliminary approval has been granted by the Planning Board prior to the effective date of this subsection and final approval shall be obtained within two years of the effective date of this subsection.
(b)
An application which is pending before the Planning Board prior to the effective date of this subsection and preliminary approval shall be obtained within one year of the effective date of this subsection and final approval shall be obtained within two years of the date of the preliminary approval and a building permit shall be obtained.
(c)
The final approval has been granted and the map is signed by the Planning Board within the time allotted in the approval resolution or any extensions thereof and the map is filed with the Putnam County Clerk within the time allotted under New York State law.
(d)
The final map has been filed with the Putnam County Clerk prior to the effective date of this subsection. Building permits issued for said lots shall be issued using the lot dimensions, yard dimensions, height of buildings, floor area of buildings, coverage of lot by building, floor area ratio, off-street parking and loading requirements as well as all other regulations in effect as of the date of signing by the Planning Board of the Town of Carmel except if, on the date of signing by the Planning Board, no Zoning Code of the Town of Carmel existed. In that case the standards of the first Zoning Code of the Town of Carmel shall be applied except to the extent that those standards may have been superseded as a result of merger under a later Zoning Code in which case the standards of the Zoning Code in effect at the time of merger shall apply.
(2)
Site plans which have been approved by the Planning Board and a building permit issued prior to July 7, 1982, and actual consideration begun within one year of the issuance of such permit.
(3)
Site plans approved by the Planning Board prior to July 7, 1982, or were under review by the Planning Board prior to July 7, 1982, and found to be conforming to the applicable regulations of the Zoning Ordinance then in effect and for which site plan approval shall be obtained prior to October 27, 1983, and a building permit shall be obtained and actual construction begun within one year of the date of site plan approval.
(4)
Any site plan or subdivision which was approved by the Planning Board subsequent to July 7, 1982, and which approval shall have expired shall come within the purview of this section, provided that such approval is extended in accordance with the applicable provisions of this chapter or the Subdivision Ordinance, whichever the case may be.[1]
B.
"Actual construction" is hereby defined to include the placing of construction materials in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently.
§ 156-52 Applicability.
All the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing at the time of the adoption of this chapter and to all uses and buildings that become nonconforming by reason of any amendment thereof, but not to any use established or building erected in violation of law or Zoning Ordinance or any amendment regardless of the time of establishment or erection.