Larchmont City Zoning Code
ARTICLE IX
Nonconforming Land, Uses, Buildings, Structures and Equipment
§ 381-70 Conformance required; exceptions.
A.
No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations hereinafter specified for the district in which it is located.
§ 381-71 Continuation of nonconforming buildings and uses.
[Amended 11-21-2016 by L.L. No. 17-2016]
Any building, structure, generator, outdoor HVAC (heating, ventilation, and/or air-conditioning) equipment, or use lawfully existing under the provisions of the zoning laws or regulations in effect immediately prior to any applicable change in zoning laws or regulations, although not conforming to the provisions of this chapter for the district in which it is situated on account of such change, may remain and/or be continued subject to compliance with the conditions set forth below.
A.
No such building, structure, generator, or outdoor HVAC equipment which is nonconforming with respect to the relevant provisions of this chapter or minimum area per family shall be enlarged, altered, or moved in such manner as to increase any such nonconformity.
B.
No such land, building or structure which is nonconforming with respect to use shall be enlarged, nor shall the building or structure be altered structurally, except as may be required by order of the Building Inspector to strengthen or restore such building or any part thereof to a safe condition or as may be permitted by the Zoning Board of Appeals under a special permit.
C.
Except as permitted by the Zoning Board of Appeals in § 381-73 hereof, in no case shall the nonconforming use of such building or land be enlarged or extended or increased in area, nor shall it be changed to another nonconforming use.
D.
No such nonconforming building, structure, generator, outdoor HVAC equipment, or use, if changed to a building, structure, generator, outdoor HVAC equipment, or use that conforms to the provisions of this chapter, shall be changed back to a nonconforming building, structure, generator, outdoor HVAC equipment, or use.
E.
No such nonconforming use, if discontinued for six months or longer, shall be resumed.
F.
A one-family dwelling conforming to this chapter except as to area requirements, if accidentally damaged or destroyed, from whatever cause, may be restored on its original foundation.
G.
No nonconforming building, structure, generator, or outdoor HVAC equipment, other than a one-family dwelling as referred to in Subsection F above, if destroyed or damaged to the extent, as determined by the Building Inspector, of over 50% of the volume of such structure above the foundation, shall be restored in nonconforming form or location on the lot or for the continuance of a nonconforming use therein. However, such building, structure, generator, or outdoor HVAC equipment, if accidentally destroyed or damaged due to fire, explosion or other similar cause, to the extent, as determined by the Building Inspector, of not more than 50% of its volume above the foundation, may, if so permitted by the Zoning Board of Appeals, be restored in substantially the same location, provided that it is not enlarged. The Zoning Board of Appeals may also permit the continuance without enlargement of such previously existing nonconforming use subject to such additional limitations and safeguards as it may deem necessary in the public interest for the protection of nearby conforming uses.
H.
(Reserved)
I.
Application for a permit to rebuild or restore the damaged portion of any building, structure, generator, or outdoor HVAC equipment damaged or destroyed as set forth in Subsection G above shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portions, shall comply with the provisions of this chapter in all respects save as to the use of the building or structure.
J.
If a permit for such rebuilding or restoration is granted, it shall lapse one year thereafter unless reconstruction in accordance therewith has been satisfied; and
K.
New buildings on lot less than the minimum area. A permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to the adoption of any zoning amendment making said lot nonconforming in area or dimension, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot lies, provided:
(1)
That all yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit are satisfied; and
(2)
That said lot(s) was not in common ownership at the time of said amendment with one or more contiguous lots which would make the lots conform if combined. For the purpose of this chapter, property in the name of a husband or wife shall be deemed in common ownership with property in the name of such person's spouse.
§ 381-72 Nonconforming construction.
[Amended 11-21-2016 by L.L. No. 17-2016; 12-19-2016 by L.L. No. 23-2016]
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building complying with laws then in effect for which a permit was duly issued and on which actual construction was lawfully begun prior to the effective date of this chapter 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 excavating 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 to the extent of completing the ground-story framework, including the second tier of beams, within six months and the whole building within one year from the effective date of this chapter. Similarly, whenever the provisions of this chapter are amended in the future so as to effect a change in the permitted use of land or buildings, the provisions hereof, with regard to building permits issued prior to the effective day of this chapter, shall apply to building permits issued for construction in such changed district prior to the effective date of the amendment effecting such change. Except with respect to amendments concerning mechanical rock excavation and blasting, amendments to this chapter adopted between October 17, 2016, and December 31, 2016, shall not affect development(s) for which final subdivision approval or site plan approval was granted before October 17, 2016.
§ 381-73 Change or extension of nonconforming uses.
A.
No nonconforming use shall hereafter be extended; provided, however, that after notice and hearing, the Zoning Board of Appeals may permit a nonconforming use to be extended throughout those parts of a building which were manifestly arranged or designed for such use prior to the time of enactment of this chapter, if no structural alterations, except those required for health or safety, are made therein. No nonconforming use shall be changed to another nonconforming use, except that within six months after the cessation of a lawfully existing nonconforming use, the Zoning Board of Appeals, after notice and hearing, may grant a temporary conditional permit for a new nonconforming use within the same structure, provided that it shall find that:
B.
No such temporary permit shall be for more than five years, with not more than two successive extensions thereof, and the Zoning Board of Appeals, in granting such temporary permit or any renewal thereof, shall impose such conditions as it deems necessary in the public interest for the protection of nearby conforming uses.
§ 381-74 Existing clubhouses.
Subject to the provisions of § 381-51D, a building lawfully used on the effective date of this chapter as a clubhouse may be reconstructed or enlarged, subject to the following conditions and safeguards:
A.
If destroyed or damaged, to whatever extent from whatever cause, it may be reconstructed to its prior dimensions in its prior location, provided that in all other respects the structure to be erected shall comply with this chapter and the Building Code.[1]
B.
No enlargement of such clubhouse use, whether by addition of new footage facilities or accessory buildings, shall be permitted, except under special permit issued by the Zoning Board of Appeals under the provisions of Article VI and in strict conformity with the general requirements and standards set forth therein and the requirement of § 381-51D.