Shelter Island City Zoning Code
ARTICLE VI
Nonconforming Lots, Buildings and Uses
§ 133-21 (Reserved) [1]
[1]
Editor's Note: Former § 133-21, Building permits for nonconforming lots, was repealed 3-22-2019 by L.L. No. 5-2019.
§ 133-22 Merger of nonconforming lots.
[Amended 6-8-2012 by L.L. No. 3-2012; 7-27-2018 by L.L. No. 6-2018; 10-28-2024 by L.L. No. 14-2024]
If at any time a dimensionally nonconforming lot is held in the same ownership as an adjoining lot, the owner may voluntarily merge the lots by submitting an application to the Town of Shelter Island Assessor. Upon merger the lots may not be unmerged. When a lot is voluntarily merged with another lot with a nonconforming use, the nonconforming use may not be shifted or expanded to the merged lot and no other section or provision of the Town Code shall be considered suspended, repealed or waived by this resolution, and full compliance with all other provisions of the Town Code will continue to be required.
§ 133-23 Nonconforming buildings and uses.
Buildings and uses and the use of any land or building legally existing prior to October 19, 1959, or prior to any applicable revision or amendment to this chapter thereafter, may be continued although such use does not conform to the provisions of this chapter, and any such building may be reconstructed or structurally altered, subject to the following regulations:
A.
Alteration and expansion. A legal nonconforming building or structure may be altered or expanded without a special permit from the Zoning Board of Appeals so long as such action does not create any new nonconformity or increase the degree or extent of nonconformity with regard to the bulk or use regulations of the zoning district in which it is located. If, however, such alteration involves a majority of the building, the entire building or structure must meet the requirements of the New York State Uniform Building and Fire Prevention Code.
[Amended 5-25-2007 by L.L. No. 5-2007]
B.
Restoration. A legal nonconforming building or structure damaged to the extent of less than a majority of the building may be rebuilt, provided that the application for same is filed within two years of the damage so long as such action does not create any new nonconformity or increase the degree or extent of nonconformity with regard to the bulk or use regulations of the zoning district in which it is located. If any such damage involves more than a majority of the building, any restoration shall require approval of the Zoning Board of Appeals. The Zoning Board of Appeals, when considering such application, may impose reasonable conditions, among which shall be that the entire building or structure must meet the requirements of the New York State Uniform Building and Fire Prevention Code.
[Amended 5-25-2007 by L.L. No. 5-2007]
C.
Use extension. Nonconforming use extension shall be governed by these rules:
[Amended 3-5-2004 by L.L. No. 5-2004; 6-8-2012 by L.L. No. 3-2012]
(1)
A conforming (legal) use may be extended to any portion of an existing nonconforming building on the same lot.
(2)
A legal nonconforming use may not be extended beyond or within the original physical area, meaning the actual building and/or outdoor area used as of October 19, 1959, or the adoption date of the Code revision creating the nonconformity, except with a special permit from the Zoning Board of Appeals, using the criteria set forth in § 133-35.
D.
Discontinuance. Whenever a nonconforming use has been voluntarily discontinued for a period of one year, any future use shall be in conformity with the provisions of this chapter. A reasonable or necessary interim, however, between tenants or successors in interest or occupants shall not be construed to mean discontinuance.
E.
Change to conforming use. Whenever a legal nonconforming use of a building or land has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
F.
Change between nonconforming uses. A nonconforming use may be changed to a use of the same or higher classification by the issuance of a special permit by the Zoning Board of Appeals or Town Board.
G.
In the event that the Zoning Board of Appeals has granted a license for a use which subsequently becomes nonconforming under the Zoning Code or Map, the license may be renewed by the Zoning Board of Appeals upon a determination that:
H.
The foregoing provisions also apply to uses or buildings made nonconforming through amendment to the Zoning Code or Map.
§ 133-24 (Reserved) [1]
[1]
Editor's Note: Former § 133-24, Additional regulations for lots, was repealed 4-12-2019 by L.L. No. 7-2019.