Mount Kisco City Zoning Code
ARTICLE VI
Nonconforming Uses and Noncomplying Buildings
§ 110-34 Nonconforming uses.
Any nonconforming use may be continued, subject to compliance with the conditions set forth below:
A.
Except upon the granting of a variance by the Zoning Board of Appeals, no building containing a nonconforming use shall be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. In the case of any lot containing a nonconforming residential use in a nonresidential district or a nonconforming nonresidential use in a residential district, any proposed new use or increase in the size of said use on any portion of such lot, which new use or increase in the size of said use is not accompanied by the total elimination of the existing nonconforming use, shall be deemed to be an enlargement and extension of an existing nonconforming use.
B.
Said nonconforming use shall not be extended to occupy any part of a building or structure which was not arranged or designed for such use on the effective date of this chapter.
C.
Any building containing a nonconforming use shall not be structurally altered or moved to another location where such use would be nonconforming.
D.
Said nonconforming use shall not be changed to another nonconforming use without approval by the Zoning Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or of a less restrictive nature.
E.
Said nonconforming use shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by another conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
F.
Damaged or destroyed buildings.
(1)
If any building containing a nonconforming use is damaged or destroyed from any cause to the extent, as determined by the Building Inspector in consultation with the Tax Assessor, of over 50% of the value of such structure above the foundation, said building shall not be rebuilt or restored for the continuance of a nonconforming use therein. Such building, if damaged to the extent of less than 50% of the value of such structure above the foundation, as determined by the Building Inspector, may be restored in the same location, provided that it is not enlarged or extended beyond its original size.
(2)
Application for a permit to build or restore the damaged or destroyed portion of any building as set forth in the preceding subsection shall be accompanied by plans for reconstruction.
(3)
Unless the restoration of said building is completed within one year of the date of such change, the nonconforming use of such building shall be deemed to have been discontinued.
G.
The Zoning Board of Appeals may impose any reasonable conditions and safeguards on nonconforming uses when issuing any variance relating to a nonconforming use, including definition of special lot, bulk and parking requirements deemed necessary by said Board. Such conditions and safeguards shall be designed to minimize any detrimental effect that such use may have on adjoining or nearby lots. The Zoning Board of Appeals may request a recommendation on such requirements from the Planning Board prior to its determination of conditions to be imposed.
H.
Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any nonconforming use or building. Similarly, nothing in this section shall be deemed to prevent the carrying out of major structural alterations or demolitions that are deemed necessary and in the interest of public safety by the Building Inspector. In granting a building permit for public safety alterations, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
I.
Notwithstanding any of the foregoing regulations, and superseding § 7-712 of the Village Law and § 267 of the Town Law to the extent that they are inconsistent herewith, the Planning Board may approve or approve with modifications a site plan for the expansion or modification of a nonconforming use which is otherwise consistent with the requirements of this chapter, upon finding that the proposed expansion or modification will bring the nonconforming use into greater conformity with this chapter and reduce the adverse external impacts of such use. No such approval or approval with modification shall be granted without first holding a public hearing with respect to the application.
[Added 7-1-1991 by L.L. No. 6-1991]
J.
Discontinuation of incinerators.
[Added 4-21-2003 by L.L. No. 2-2003]
(1)
The owner of each existing accessory incinerator shall register with the Building Inspector within 30 days of the effective date of this subsection. Upon registering with the Building Inspector, the owner shall specify the amount of its capital investment in said use and shall provide such documentation as the Building Inspector shall require to establish such amount. All accessory incinerators shall be discontinued on or before the date specified in accordance with the following schedule:
Amount of Capital Investment (As of the Effective Date of This Subsection) | Date Before Which Use Shall Terminate |
|---|---|
$0 to $25,000 | December 31, 2003 |
$25,001 to $50,000 | December 31, 2004 |
$50,001 to $75,000 | December 31, 2005 |
$75,001 to $100,000 | December 31, 2006 |
$100,001 or more | December 31, 2007 |
(2)
Any accessory incinerator in existence on the effective date of this subsection, whose owner fails to register with the Building Inspector within 30 days of said date, shall be discontinued on or before December 31, 2003.
§ 110-35 Noncomplying buildings and structures.
[Amended 6-15-1998 by L.L. No. 4-1998]
A.
Nothing in this section shall be deemed to prevent the normal maintenance and repair of a noncomplying building or structure, provided that such action does not increase the degree of or create any new noncompliance with regard to regulations pertaining to such buildings or structures.
B.
Nothing contained in this chapter shall require any change in the plans, construction or use of a building complying with local laws in force prior to the effective date of this chapter if the following is found to exist:
(1)
A building permit was duly issued prior to the effective date of this chapter and is in effect at the time of its enactment; and
(2)
The building was substantially completed prior to the effective date of this chapter.
C.
Where prevailing lot width or depth, lot areas or yards are less than the requirements of this chapter, the Zoning Board of Appeals may consider compliance with said requirements to cause unnecessary hardship and may, therefore, vary such requirements, provided that the resultant lot width or depth, lot areas and/or yards shall be in harmony with the pattern of development prevailing along the streets.
D.
Noncomplying buildings and structures may not be enlarged without a variance being obtained from the Zoning Board of Appeals pursuant to this chapter. No building or structure which is noncomplying with respect to applicable developmental regulations (by illustration, but not by limitation, height, setbacks, building and development coverage, lot area or lot width) shall be enlarged or altered in such a manner as to increase any such noncompliance or so as to enlarge or increase the area of such building or structure, including but not limited to the alteration of roof or floor levels or the addition of area above, below or adjacent to such noncomplying building or structure.
