Roslyn Estates Village
City Zoning Code
City Zoning Code
ARTICLE X
Nonconforming Buildings and Structures
[Amended 8-1-1977 by L.L. No. 5-1977; 4-17-1996 by L.L. No. 1-1996; 7-23-2007 by L.L. No. 3-2007; 11-2-2009 by L.L. No. 3-2009]
§ 200-55 Continuation of nonconforming buildings and structures.
A.
Subject to the conditions set forth in Subsection B and except as provided elsewhere in this article:
(1)
Any nonconforming use legally existing at the time of the passage of this chapter or legally existing at the time of any amendment to this chapter that would thereafter prohibit such use may be continued; and
(2)
Any legal nonconforming structure (including, but not limited to, a building) legally existing at the time of passage of this chapter or legally existing at the time of any amendment to this chapter that would thereafter prohibit such structure may be maintained, reconstructed or structurally altered.
B.
Conditions to Subsection A:
(1)
The total cost of alterations, modernization or other structural improvements made in any building with a nonconforming use shall not exceed 20% of the reconstruction cost of such building unless such use shall be changed to a conforming use. For purposes of calculation, all such costs within any twenty-four-month period shall be accumulated to determine whether or not said 20% is exceeded.
(2)
A legal nonconforming building or other legal nonconforming structure may be enlarged or otherwise altered so long as such enlargement or other alteration:
(a)
Does not in any manner exacerbate its nonconformity. For clarity, as examples, and not as limitations:
[1]
A second-story addition over a one-story building or structure that encroaches into a required setback is an exacerbation of a nonconformity, even if the setback of the second story is the same setback as the nonconforming first story.
[2]
If the wall of a room violates a side yard setback, that room may not be expanded within the setback area, even if the wall of the expanded area will come no closer to the side yard than the existing nonconforming wall.
(b)
Does not violate any other provisions of this chapter.
(c)
Does not attempt to remove such nonconformity and replace it with a similar nonconformity at another location. For clarity, as examples, and not as limitations:
[1]
If a dwelling exceeds the maximum floor area ratio, an owner may not demolish the floor area at one portion of the dwelling and rely upon this section to build additional floor area in excess of that otherwise permitted by this chapter, exclusive of this section, at another location of the dwelling.
[2]
If one portion of a dwelling invades a side yard, an owner may not demolish that portion of the dwelling that invades the side yard and then rely upon this section to invade a side yard at another location of the dwelling in excess of that otherwise permitted by this chapter, exclusive of this section, at another location of the dwelling.
(3)
No nonconforming use shall be expanded to replace a conforming use.
(4)
No building or premises devoted to a use permitted in a zone of lower classification shall be changed to a use excluded in such zone, unless such use is permitted in the zone in which the building or premises is then presently located.
(5)
No nonconforming use, if once changed to a use permitted in the district in which it is located, shall be changed back to a nonconforming use.
(6)
No nonconforming use which shall have been discontinued for a continuous period exceeding 12 months shall be resumed, nor shall it be replaced by any other nonconforming use.
(7)
Upon the demolition of the dwelling or other principal structure on a premises or when such dwelling or other principal structure on a premises is required to be brought into conformity with this chapter, any accessory tennis court, swimming pool, game court, shed, detached garage, fence or other structure and any patio, driveway or other impervious area which does not conform to the zoning at that time, whether such lack of conformity is as a result of a preexisting nonconforming condition or the result of a variance or otherwise, and any curb cut in addition to the one permitted for a dwelling shall be removed and/or otherwise brought into conformity with this chapter.
C.
Nothing in this chapter shall prevent the restoration, within one year, of a nonconforming structure destroyed or damaged by fire, explosion, act of God or the act of the public enemy to an extent of not more than 50% of its reconstruction cost at the time of such destruction or shall prevent the continuance of the use of such building, or part thereof, provided that such restoration does not violate the provisions of this chapter to any greater extent or in any other way than at the time of such destruction. Any structure destroyed in the manner aforesaid, to an extent exceeding 50% of its reconstruction cost at the time of such destruction, may be reconstructed and thereafter used only in such manner as to comply with the provisions of this chapter. In the discretion of the Building Inspector, said one-year period may be extended up to, but not exceeding, one additional year, so long as due diligence is being pursued by the owner. Any further extension shall require the approval of the Board of Trustees. In any such application to the Board of Trustees, in determining whether or not to grant said extension, and the period of time for which such extension should be granted, the Board of Trustees may consider the same criteria and impose the same conditions as it would for an extension of a building permit.
D.
Nothing in this chapter shall permit the continuance of any structure declared unsafe; although, if otherwise permitted by this section, such structure may be replaced or otherwise made safe.
§ 200-56 Termination of certain nonconforming uses.
Within one year of the effective date of this article, the Building Inspector shall determine which nonresidential uses are nonconforming, except for nonconforming signs for which a variance has heretofore been granted by the Zoning Board of Appeals, and governmental or public uses. The Building Inspector shall notify the Village Trustees of such nonconforming uses and shall specify the nature and extent of each. The Trustees shall thereupon cause official notification to be made to the property owner of record in each case. In the case of nonconforming signs, the use shall be terminated within 12 months from receipt of the notice of nonconformity, and, in the case of other nonconforming uses, the use shall be terminated within a period of five years from receipt of the notice of nonconformity, and the property shall thereafter be used only for a use permitted in the district in which the property is located.