Southold City Zoning Code
ARTICLE XXIII
Nonconforming Uses and Buildings
§ 280-120 Purpose.
The purpose of this article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses and buildings that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses.
§ 280-121 Nonconforming uses.
Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof, may be continued indefinitely, except that such building or use:
A.
Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
B.
Shall not be moved to another location where such use would be nonconforming.
C.
Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more-restrictive nature.
D.
Shall not be changed back to a less-restrictive use if changed to a more-restrictive nonconforming use.
E.
Shall not be reestablished if such use has been changed to or replaced by a conforming use.
F.
Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforming use is damaged by fire or other causes to the extent of 50% of its fair value.
G.
Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals.
§ 280-122 Nonconforming buildings with conforming uses.
A.
Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings.
B.
Reconstruction of a damaged building.
(1)
Nothing in this chapter shall prevent the complete restoration of a building destroyed by accidental cause such as fire, flood, explosion, riot, or act of God, nor prevent the continuance of the use of such building or part thereof. Such restored building shall not exceed the dimensions of the building destroyed.
(2)
Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.
[1]
Editor’s Note: This local law provided an effective date of 1-1-2018.
§ 280-123 Nonconforming buildings with nonconforming uses.
[Amended 10-19-1999 by L.L. No. 16-1999]
A.
A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use.
[Amended 4-24-2012 by L.L. No. 6-2012]
(1)
Nonresidential uses:
(a)
Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. In addition, all other setback and area requirements shall apply.
(b)
Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion:
[1]
Substantial enhancement of the overall site landscaping and/or natural vegetation.
[2]
Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s).
B.
A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use.
§ 280-124 Nonconforming lots.
[Amended 11-28-1995 by L.L. No. 23-1995; 3-4-1997 by L.L. No. 5-1997; 6-29-2021 by L.L. No. 9-2021]
B.
Such lot shall be required to meet the following:
Area (square feet) | Lot Coverage | Front (feet) | Side (feet) | Yard Both Sides (feet) | Rear (feet) |
|---|---|---|---|---|---|
200,000 to 399,999 | 5% | 60 | 30 | 60 | 100 |
120,000 to 199,999 | 10% | 60 | 30 | 60 | 85 |
80,000 to 119,999 | 20% | 60 | 20 | 45 | 75 |
60,000 to 79,999 | 20% | 55 | 20 | 45 | 75 |
40,000 to 59,999 | 20% | 50 | 20 | 40 | 60 |
20,000 to 39,999 | 20% | 40 | 15 | 35 | 50 |
Less than 20,000 | 20% | 35 | 10 | 25 | 35 |
C.
Nonconforming lots with primary and secondary front yards shall be required to meet the following:
Area (square feet) | Primary Front Yard | Secondary Front Yard | Side Yard |
|---|---|---|---|
Less than 20,000 | 35 | 20 | 10 |
20,000 to 39,999 | 40 | 25 | 15 |
§ 280-125 Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety.