North Castle City Zoning Code
ARTICLE XI
Nonconforming Uses; Other Nonconformities
§ 355-65 Continuation of existing uses.
A.
Continuing existing uses. Except as otherwise provided herein, particularly in § 355-69, the lawfully permitted use of lands 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 in this chapter for the zone in which such lands or buildings are located. Said uses shall be deemed nonconforming uses.
B.
Nonconforming use of land. The nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged, increased or intensified, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter, provided further that if such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than six months, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use.
§ 355-66 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 enlarged or extended unless the use therein is changed to a conforming use. (See also § 355-68.)
B.
Such nonconforming building shall not be structurally altered to an extent greater than 50% of its actual value as determined by the Town Assessor, unless such alterations are required by law or by the provisions of § 355-69; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.
C.
A nonconforming use of a building may be changed only to a conforming use.
D.
If any nonconforming use of a building ceases for any reason for a continuous period of more than one year, 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, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.
E.
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 buildings thereon, shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
§ 355-67 Restoration of damaged buildings.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall declared unsafe by the Building Inspector.
A.
If any nonconforming building shall be destroyed by any means to an extent of more than 75% of its fair market value, as determined by the Town Assessor after any necessary consultation with the Building Inspector and the Town Engineer, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of this chapter for the district in which it is located, except as provided in Subsection B.
B.
If any nonconforming building shall be destroyed by any means to an extent greater than 50% but less than 75% of its fair market value, as determined by the Town Assessor after any necessary consultation with the Building Inspector and the Town Engineer, the Zoning Board of Appeals may, after application by the owner of the building, determine whether, and to what degree, reconstruction shall conform to the provisions of Subsection A or of Subsection C or of any combination thereof. The Board shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the Town Development Plan and any other consideration it deems appropriate.
C.
If any nonconforming building shall be destroyed by any means to an extent less than 50% of its fair market value, as determined by the Town Assessor, it may be restored and any accompanying nonconforming use continued, provided that:
(1)
The total cost of such restoration does not exceed the replacement value of the destroyed portion of the building at the time of its destruction.
(2)
The resumption of an accompanying nonconforming use takes place within 18 months of the time of its interruption, which period may be extended by the Building Inspector for a maximum of six months.
(3)
The restoration is commenced within six months of the date of such damage and completed within 18 months of said date, which periods may each be extended by the Building Inspector for a maximum of six months.
(4)
Where such restoration can reasonably be accomplished so as to result in greater conformity with this chapter, then the restoration shall be so done.
§ 355-68 Nonconformities other than use.
A building that is conforming in use but does not conform to the height, yard, lot area, lot dimension, land coverage, off-street parking, loading, minimum house size or similar dimensional requirements of this chapter shall not be considered to be nonconforming within the meaning of § 355-66 and this section. No permit shall be issued that will result in the increase of any such nonconformities.
§ 355-69 Improvement of nonconforming use.
In order that nonconforming uses may be gradually brought into greater conformity with the requirements of this chapter, or that the adverse external effects of such nonconforming use may be reduced, an applicant may present and the Planning Board may review, or the Planning Board may propose a plan whereby, through landscaping, screening and buffer areas, the control of noise, smoke, odors, lighting and other external characteristics, architectural changes and the location and layout of parking areas and access drives, or by other appropriate means, will serve to reduce the adverse external effects of the nonconforming use and improve its relationship to neighboring properties and the community. As part of its review, the Planning Board shall determine that the proposed modifications to the nonconforming use shall not include any increase in the types of operation or intensity of such uses, although they may involve the relocation and redesign of activities and facilities on the property. Such plan shall be presented to the Town Board which, after public notice and hearing, may approve such plan. Within a period of not more than three years from the date the Town Board approves such plan, the owner of the property where the nonconforming use is located shall bring such use into compliance with such plan as a condition of continuing its legal nonconforming status under this chapter. The Town Board may, as a condition of approval, require that all improvements be completed simultaneously, or in accordance with a schedule established as part of any approval.
§ 355-70 Minimum dwelling unit size.
A.
Livable floor area.
(1)
No building permit shall be issued for the construction of a new dwelling in any zoning district unless the building plans indicate that each dwelling unit contains at least the required livable floor area set forth in the following schedule:
District | Required Livable Floor Area (square feet) | |
|---|---|---|
R-4A | 1,600 | |
R-2A | 1,400 | |
R-1.5A | 1,300 | |
R-3/4A | 1,000 | |
R-1/2A | 900 | |
R-10 | 900 | |
R-5 | 800 | |
Business zones where residence is permitted | 800 | |
R-2F | 800 | |
R-MF | As in § 355-24I(6) |
(2)
"Livable floor area" shall include all floor area used for human occupancy within the exterior walls of the proposed dwelling above first-floor beams, excluding therefrom open porches, storage room or utility room for furnace, hot-water heater, water storage tank or fuel storage tank, or breezeway or garage.
B.
Nonconformance with the applicable minimum square feet. Where it appears by the affidavit of the owner and by the supporting certificate of the owner's registered architect or civil engineer, in form as prescribed by the Town Board, that a majority of the constructed dwellings within 500 feet of the proposed dwelling and within the same zoning district do not conform to the applicable minimum square-foot area therein, the Building Inspector may issue a building permit for a floor area equal to the average livable area of the dwellings within said 500 feet, counting vacant lots as full livable area in said zoning district. Said floor area shall not, however, be less than 200 square feet below the required minimum for said area and in no case less than 800 square feet.