Mamaroneck Village City Zoning Code
ARTICLE IX
Nonconforming Uses and Buildings
§ 342-62 Continuation of existing uses.
Except as otherwise provided herein, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued, although such use does not conform to the standards specified for the zone in which such land or building is located. Said uses shall be deemed "nonconforming uses."
§ 342-63 Nonconforming use of land.
Where no building is involved, the nonconforming use of land may be continued; provided, however:
A.
That no such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that lawfully occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions hereof.
B.
That no such nonconforming use be moved, in whole or in part, to any other portion of the lot or parcel of land lawfully occupied by such nonconforming use at the time of the adoption of this chapter.
C.
That, if such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than 90 days or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.
D.
That no nonconforming use of land shall be changed to another nonconforming use.
§ 342-64 Nonconforming use of buildings.
A.
A building or structure the use of which does not conform to the use regulations for the district in which it is situated shall not be altered, enlarged or extended, unless the use therein is changed to a conforming use. Notwithstanding the above, the Board of Appeals, after public notice and hearing, may grant a special permit to allow 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 the chapter provision that made the use nonconforming, and provided that no structural alterations, other than those required for health or safety, are made therein. Any other alteration, enlargement or new construction shall require a variance to be granted by the Board of Appeals.
[Amended 12-15-1998 by L.L. No. 12-1998, effective 12-24-1998]
B.
A nonconforming use of a building shall not be changed to another nonconforming use, except where approved by the Board of Appeals after a finding that the change will be to a less nonconforming use and one that will be more harmonious with the surrounding area.
C.
If any nonconforming use of a building ceases for any reason for a continuous period of more than six months or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, any future use of such building shall conform and be subject to the prevailing standards specified by this chapter for the district in which such building is located.
D.
If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereof shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
§ 342-65 Nonconformity other than use.
[Amended 11-14-2016 by L.L. No. 19-2016, effective 11-23-2016]
A building that is conforming in use but which does not conform to the height, yard, land coverage, lot area and dimensions, minimum floor area per family, parking or loading space requirements of this chapter shall not be considered to be nonconforming within the meaning of this article. A variance from the Zoning Board of Appeals shall not be required for an addition to, enlargement or expansion of any such building unless the proposed alteration increases or expands the existing nonconformity of the building or creates new nonconformities.
§ 342-66 Restoration of damaged nonconforming use.
Nothing in this chapter shall prevent the restoration of a nonconforming use which is accidentally destroyed, in whole or in part, by fire, explosion or other cause or prevent the continuance or resumption of such nonconforming use as it existed at the time of such damage, but without extension or enlargement of such structure or use; provided, however, that such restoration shall be limited to exactly the same location and shall comply with the then prevailing building and housing codes in effect in the Village; provided, further, that the work of restoration must be completed within a period of 12 months of such damage or destruction. If restoration is not completed in full compliance with the foregoing conditions, any structure thereafter erected or repaired or completed and any use of such structure shall conform to all the regulations of this chapter for the district in which it is located.