Sleepy Hollow City Zoning Code
ARTICLE IX
Nonconforming Uses
§ 450-60 Conformance required; continuation of nonconforming uses.
A.
Except as provided herein, no structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or structure be used, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter and for the district in which such structure or land is located.
B.
A use, lot, or structure existing at the effective date of this chapter which shall be made nonconforming by the passage of this chapter or of any amendments thereto may be continued, subject to the conditions enumerated in this article.
C.
The provisions regarding nonconformity shall apply only to a use, lot, building or structure legally established or erected, but not to any use established or building or structure erected in violation of law, regardless of the time of establishment or erection.
D.
Any lot with an area or width less than that prescribed for a lot in the district in which such lot is situated, when the owner thereof owned adjoining land on or after the effective date of this chapter or any subsequent amendment which increases the required lot area or width for such parcel, shall be deemed to have merged with said adjoining land to form a single parcel; provided, however, that such merger will not create a nonconforming use. Further, if the adjoining land has been divided into several substandard lots, merger shall occur only to the extent that the minimum lot width requirements of this chapter are met, but not necessarily the minimum lot area requirements.
§ 450-61 Repair or reconstruction.
A.
A nonconforming use or structure or portion thereof declared unsafe by the Building Inspector may be restored to a safe condition, provided that it does not expand the nonconformity and complies with § 450-62 of this chapter.
B.
A nonconforming use or structure accidently damaged by fire or other causes to the extent of less than 50% of its volume above the foundations as determined by the Building Inspector, may be repaired or restored to its original condition.
C.
A nonconforming use or structure accidently damaged by fire or other causes to the extent of 50% or more of its volume above the foundations as determined by the Building Inspector, shall not be repaired or rebuilt except in conformity with the regulations of this chapter.
D.
Application for a permit to rebuild or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction.
E.
If a permit for such rebuilding or restoration is granted, it shall lapse 12 months thereafter unless reconstruction in accordance therewith has been substantially completed, except that the Building Inspector, in his discretion, may grant a six-month extension thereof.
§ 450-62 Alteration or extension.
A.
No such land, building or structure which is nonconforming with respect to use shall be enlarged nor shall the building or structure be altered structurally except as may be required by order of the Building Inspector to strengthen or restore such building or any part thereof to a safe condition.
B.
A nonconforming use shall not be extended in any way, shape or manner to displace a conforming use on the same lot or on adjoining lots.
C.
A change to a nonconforming building or lot which does not increase the degree of nonconformity, and which otherwise conforms to zoning regulations, shall not require a variance. Alterations which would increase the degree of nonconformity are described below in Subsection C(1).
(1)
Nonconformity may not be increased or moved. No such land use, building or structure which is nonconforming with respect to height, percentage of building coverage, minimum yard sizes or minimum lot area per dwelling shall be enlarged or altered in such a manner as to increase any such nonconformity.
(2)
Nonconformity may not enlarge or increase the habitable or other useful area of such nonconformity, including, without limitation, the alteration of roof or floor levels or the addition of habitable or other useful area above or below such nonconforming structure.
§ 450-63 Construction under permit granted prior to passage.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of such permit and which entire building shall be completed according to such filed plans within one year from the effective date of this chapter.
§ 450-64 Changes in or discontinuance of use.
A.
A nonconforming use that has been discontinued for a period of one year shall be considered to have been abandoned and shall not thereafter be reestablished. Any future use shall be in conformity with the provisions of this chapter.
B.
A nonconforming use may not be changed to another nonconforming use.
C.
A nonconforming use may be changed to a conforming use, but thereafter it shall not be permitted to revert to a nonconforming use.