Sagaponack City Zoning Code
ARTICLE VI
Nonconforming Uses, Lots, Buildings and Other Structures
§ 245-52 Application of regulations.
The provisions of this article shall apply to all lots, buildings and other structures and all uses of lots, buildings and other structures lawfully existing on the effective date of this chapter or of subsequent amendments, revisions or reenactments of this chapter.
§ 245-53 Unlawful lots, buildings and other structures or uses not to be construed as nonconforming.
A.
No unlawful building or other structure or unlawful use of a lot, building or other structure existing at the effective date of this chapter shall be deemed or construed to be a nonconforming building or other structure or use.
B.
Any lawful use occupying any building or other structure or lot on the effective date of this chapter or any amendment of this chapter which does not then comply with the use regulations of the district in which it is situated may be continued in the building or other structure or upon the lot or land so occupied.
C.
A conforming building or other structure in nonconforming use shall not be enlarged.
[Amended 10-19-2009 by L.L. No. 6-2009[1]]
[1]
Editor's Note: This local law provided that it shall not apply to any property which has, prior to 8-1-2009, applied to the Building Inspector for a building permit to enlarge a nonconforming use.
D.
A nonconforming building or other structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, or restored, in whole or in part, and the provisions of Subsection C shall not apply thereto, except that the degree of nonconformity shall not thereby be increased.
E.
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and at any earlier effective date of Chapter 330 of the Town Code prior to enactment of this chapter and also not adjoining any lot in the same ownership at any time subsequent to such date may be used, or a building or other structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning law. Such lot shall be granted relief for side and rear yard dimensions as follows:
[Amended 12-17-2012 by L.L. No. 4-2012]
(1)
The total dimensions of both side yards for a principal building shall be computed on the basis of 0.4 of the lot width, however, no side yard dimension shall be less than 0.4 of the total dimensions of both side yards computed as aforesaid, and no side yard dimension shall be less than 10 feet.
(2)
The total rear yard dimension for a principal building shall be computed on the basis of 0.3 of the lot depth; however, no dimension for the rear yard of a principal building shall be less than 30 feet.
(3)
In the case of a single and separate lot meeting the requirements of this Subsection E for a buildable lot which is located in a major subdivision plat approved after October 14, 1957, by the Planning Board[2] of the Town and filed with the Suffolk County Clerk's office or in a minor subdivision plat approved after April 17, 1975, by the Planning Board of the Town and filed with the Southampton Town Clerk's office, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally so filed as required by law.
[2]
Editor's Note: The Planning Board was abolished 12-20-2011 by L.L. No. 14-2011. See § 245-71.
F.
An existing building or other structure designed and used for a conforming use but located on a nonconforming lot, whether the building or other structure is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased.
G.
Notwithstanding the provisions of this chapter, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of the death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to place the lots into single and separate ownership. Failure to place the one or more separate lots in single and separate ownership within said parcel shall result in the merger of the substandard lots for zoning purposes.
H.
A nonconforming use shall be changed only to a conforming use, except as provided in Article XI.
§ 245-54 Abandonment.
A.
A nonconforming use shall be deemed to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
If, for a continuous period of two years, the active operation of substantially all the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
[Amended 12-20-2010 by L.L. No. 3-2011[1]]
[1]
Editor’s Note: This local law also repealed former Subsection A(3), regarding cases where the nonconforming use was not designed for such use, and which immediately followed this subsection.
B.
A nonconforming use that has been abandoned shall not thereafter be reinstated.