Upper Brookville City Zoning Code
ARTICLE VII
Nonconforming Uses, Buildings and Lots
§ 205-22 Applicability.
A.
General application. These provisions shall apply to all lots or land, uses of lots or land or of buildings or structures and to all buildings or structures lawfully existing prior to the effective date of this chapter which do not subsequently conform to the provisions of this chapter or to such amendments on their effective dates.
B.
Unlawful uses, lots, buildings and structures. No unlawful use of a lot or land or of a building or structure and no unlawful building or structure existing on the effective date of this chapter shall be deemed to be a nonconforming use or a nonconforming building or structure.
§ 205-23 Continuation.
A.
Nonconforming use. A nonconforming use lawfully existing at the effective date of this chapter may be continued subject to the provisions of this article, provided that the essential character of such nonconforming use is not changed by the addition of land or building floor area or structural capacity or any other facilities devoted to such nonconforming use or by the diminishment of land devoted to the use that would create a nonconformity or any activity which increases the intensity of the nonconforming use.
B.
Nonconforming building or structure. A nonconforming building or structure may continue to exist and be used subject to the provisions of this article, provided that there is no reduction in the size or any dimension of the lot upon which the nonconforming building or structure was located that would create a nonconformity. Any nonconforming building or structure located on property which is to be subdivided as shown on a plat or map approved by the Planning Board shall be required to conform to all applicable use and area, setback and other dimensional requirements of this chapter unless a variance is granted by the Board of Appeals for such building or structure.
C.
Nonconforming lots.
(1)
Lot in single ownership. For the purpose of this chapter a "lot in single ownership" is defined as follows: a lot or parcel of land, the ownership of which by a deed of conveyance or by a will, intestacy or operation of law is vested in a person or persons or a corporation who or which owns no contiguous parcel of land, provided that such a deed, will, intestacy or operation of law by which such ownership was separate has been, as the case may be, recorded or probated or filed by court order prior to the effective date of this chapter which imposes new or enlarged area, dimensional or other nonuse requirements upon such lots. Where such lot or parcel is smaller in area or dimension than is prescribed by this chapter for the district in which it is located and is owned by a person who owns or has under contract to purchase at the time of the adoption of this chapter other lots or parcels contiguous thereto, such other lots or parcels, or so much thereof as may be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a zoning or building permit may be issued, but only for such combined lots or parcels.
(2)
Existing unimproved lots. In the case of an unimproved lot of record with no structures in bona fide single and separate ownership on the effective date of this chapter and on the date of application for a zoning or building permit that has an area or other dimension less than prescribed by these regulations for the district in which it is located and does not adjoin another unimproved lot with no structures owned or controlled by the owner of the lot in question, a building may be erected thereon subject to the approval of the Board of Appeals after public hearing, provided that there is compliance with all other dimensional regulations of the district within which such lot is located applicable to the size and location of buildings or structures.
(3)
Existing improved (with structures) lots. In the case of an improved lot of record in bona fide single and separate ownership on the effective date of this chapter and on the date of application for a zoning or building permit having an area, frontage, width or yard setback dimension less than that prescribed by these regulations for the district in which it is located and which does not adjoin another unimproved lot owned or controlled by the owner of the lot in question, a new building or structure may be erected thereon or existing buildings or structures may be enlarged or altered in accordance with the dimensional regulations of the district within which such lot is located, provided that the new buildings or structures shall comply with all other provisions of these regulations, and further provided that said premises appear on a duly filed subdivision map approved by the Planning Board or, alternatively, its preexisting, nonconforming status can be verified by existing Village records.
§ 205-24 Recording.
For the purpose of recording the character and extent of any nonconforming use, building or structure lawfully existing at the effective date of this chapter, the owner or lessee of any building or land may apply for an occupancy permit in accordance with the provisions of § 205-41.
§ 205-25 Changes in use, building or structure.
A.
Use. A nonconforming use lawfully existing at the effective date of this chapter may be changed to a conforming use. If any nonconforming use or building is changed to a conforming use or building, it shall not again be changed or altered except in conformity with the regulations prescribed by this chapter for the district in which such use or building is located. A nonconforming use shall not be enlarged, extended or changed to any other type of nonconforming use, except as otherwise provided in this article.
B.
Land. A nonconforming use of land lawfully existing at the effective date of this chapter shall not be enlarged or increased, nor shall any such nonconforming use be extended to occupy a greater area of land than that occupied at the effective date of this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use.
C.
Building. No nonconforming building lawfully existing at the effective date of this chapter shall be relocated, enlarged, expended, reconstructed or structurally altered unless in conformity with the regulations prescribed by this chapter, except as follows:
[Amended 1-26-2006 by L.L.. No. 1-2006]
(1)
Upon approval of the Board of Appeals, a nonconforming use lawfully existing at the effective date of this chapter may be extended to any parts of a conforming building which were manifestly arranged or originally designed for such use, but no such use shall be extended to occupy any land outside such building.
(2)
If no structural alterations are made, and subject to approval of the Board of Appeals, a nonconforming use of a building lawfully existing at the effective date of this chapter may be changed to another nonconforming use which, in the opinion of the Board of Appeals, either by general rule or on a specific finding in a particular case, is of the same or a more restricted nature.
§ 205-26 Repairs and alterations.
A.
Repairs. Normal maintenance of a nonconforming building or of a building or structure containing a nonconforming use lawfully existing at the effective date of this chapter is permitted, including necessary nonstructural repairs and incidental alterations, provided that such repairs and alterations shall not increase the degree of nonconformity of the building nor extend the nonconforming use.
B.
Alterations. Structural alterations may be made to a nonconforming building or to a building or structure containing a nonconforming use lawfully existing at the effective date of this chapter when:
(1)
The alterations will result in a conforming building or a conforming use;
(2)
Required by law; provided, however, that the cubical content of the building as it existed at the effective date of this chapter shall not be increased, and provided further that such building has not been damaged or destroyed to an extent of 50% or more of the full value or cubical content thereof; or
(3)
The alteration shall not increase the degree of nonconformity of the building.
§ 205-27 Damage and destruction.
A.
Damage. If a nonconforming building or a building or structure containing a nonconforming use lawfully existing at the effective date of this chapter is damaged by any means to an extent of less than 50% of the full value or cubical content thereof, such building or structure shall not be rebuilt or reconstructed except in conformity with the regulations of this chapter unless reconstructed within one year after such damage and upon the same plan and with the same cubical content as that of the original building or structure.
B.
Destruction. If a nonconforming building or a building or structure containing a nonconforming use lawfully existing at the effective date of this chapter is destroyed or damaged by any means to an extent of 50% or more of the full value or cubical content thereof, or if such building is moved for any reason for any distance whatever, said building or structure shall thereafter be rebuilt or reconstructed in conformity with all dimensional requirements applicable to the size and location of buildings and structures and used only in accordance with the regulations prescribed by this chapter for the district in which such building or structure is located.
§ 205-28 Discontinuance.
The discontinuance of a nonconforming use or of the nonconforming use and occupancy of a nonconforming building or structure for a period of six months shall be regarded as permanent abandonment, and, thereafter, the land, building or structure where such nonconforming use previously existed shall be used and occupied only in conformity with the regulations prescribed by this chapter for the district in which such land, building or structure is located. Intent to resume active operations or occupancy shall not affect the foregoing, except that the provisions of this section shall not apply where such discontinuance is directly caused by war, strike or the construction of a public improvement by a governmental agency.
§ 205-29 Conditional uses and prior approval.
A.
Conditional uses. Any conditional use for which a conditional use certificate is required or for which a conditional use certificate may be granted as provided in Article VI, which use was lawfully existing at the effective date of this chapter in any district in which such use is specifically permitted, subject to the securing of a conditional use certificate, may be deemed to be a conforming use in such district; provided, however, that pursuant to the provisions of § 205-41, the owner or lessee of such conditional use shall apply for a certificate of occupancy. Upon issuance of a certificate of occupancy certifying the conformity of such conditional use, said use shall be deemed to be a conforming use. The fee prescribed under § 205-41B for a certificate of occupancy shall not be required for an initial certificate of occupancy issued pursuant to this subsection.
B.
Prior approval. Nothing in this chapter shall be deemed to require any change in plans, construction or designated use of a building on which construction was lawfully begun prior to the effective date of this chapter and upon which building construction has been diligently carried on, provided that such construction shall be diligently carried on and completed within six months from the effective date of this chapter.