[Amended 4-21-2016 by L.L. No. 5-2016]
These provisions shall apply to all buildings or structures
and all uses of buildings or structures or lots lawfully existing
prior to the effective date of this chapter or of subsequent amendments,
revisions or reenactments of such chapter, which buildings or structures
or uses do not conform to the provisions of said original Zoning Code
or to such revisions or reenactments on their effective dates. The
existence of two one-family detached dwellings on a single lot in
the R-20 District that are lawfully existing prior to the effective
date of this chapter or of subsequent amendments, revisions of reenactments
of such chapter, which buildings or structures or uses do not conform
to the provisions of said original Zoning Code or to such revisions
or reenactments on their effective dates, shall constitute a nonconforming
use and shall be subject to all the provisions relating to nonconforming
uses enumerated in this chapter.
The following provisions shall apply to and govern all nonconforming
lots wherever located:
A. Proof of existing single and separate ownership. A nonconforming
lot may be used and a building or structure may be erected thereon
for use in accordance with all other applicable provisions of this
chapter, the Village Code and other laws, rules and regulations if
proof that the lot has been held in continuous single and separate
ownership since before the date on which it became nonconforming is
submitted to the Building Inspector. The Building Inspector may require
an abstract of title to said lot, which abstract shall be in the usual
form, shall be certified by an attorney or title company regularly
doing such work in Suffolk County, and shall contain a certification
that, since the date the lot became nonconforming, no contiguous property
was ever owned by an owner of the subject lot.
B. Merger of nonconforming lots. If at any time a lot with less than
the area or width required in the district within which the lot is
located shall be held in the same ownership as one or more adjoining
parcels, the lot shall lose its status as a nonconforming lot and
shall merge with the adjoining parcel. A lot created by the merger
of the adjoining parcels remains nonconforming if said parcels as
merged are less than the lot area or lot width requirements of the
district in which said parcels are situated. No such merger shall
occur, however, in the following cases:
(1)
Merger by death. No merger shall hereafter result under this
chapter where the ownership of a nonconforming lot becomes the same
as the ownership of an adjoining parcel through the death of an individual
owner of one of the parcels; provided, however, the parcels do not
remain in common ownership for a period in excess of three years from
the date of death.
(2)
Improved nonconforming parcels. No merger shall hereafter result
under this chapter where adjacent nonconforming lots that are both
improved with single-family residences are held in the same ownership.
C. Yard setback relief. For any lawfully existing single and separate nonconforming lot and solely for the purpose of siting thereon one principal building and any lawful accessory structures, except swimming pools, associated decks, slabs and patios around said pool, pool equipment and tennis courts, the required side and rear yards shall be reduced as set forth below. This setback relief shall apply automatically but is subject to the pyramid law restrictions of §
300-9.3 hereof.
(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 setback for a principal building shall be
computed on the basis of 0.3 of the lot depth; however, no setback
for the rear yard of a principal building shall be less than 30 feet.
D. An existing building or structure designed and used for a conforming
use but located on a nonconforming lot may be enlarged, reconstructed,
structurally altered, restored or repaired, in whole or in part, except
that the degree of nonconformity shall not be increased.
[Amended 8-11-2015 by L.L. No. 13-2015]
A nonconforming use shall be changed only to a conforming use, except as provided in §
300-12.6B(3). Any change of use shall require site plan approval.
The following procedures must be followed prior to the determination
of a legally preexisting, nonconforming use by the Building Inspector:
A. At least 10 days prior to the issuance of a certificate of occupancy
for a legally preexisting, nonconforming use, the Building Inspector
shall cause notice of the application filed by the applicant to be
published in the official newspaper of the Village. The notice shall
state that comments or objections to a finding of a legally preexisting,
nonconforming use shall be made no later than 10 days from the date
of the appearance of the notice in the official newspaper (the "notice
date").
B. The applicant must send a copy of the application filed with the
Building Department to the owners of record of every property which
touches or abuts the applicant's property and to the owners of record
of every property which is directly across any public or private street
from the property involved in the application. The provision shall
require that such notice be given to all such owners, including the
owners of underwater land or within another governmental jurisdiction,
excepting only the following entities: the State of New York, the
County of Suffolk and the Village of Sag Harbor. Such notice shall
be made by certified mail, return receipt requested, posted at least
10 days prior to the date upon which such determination is to be made
and addressed to the owners of record at the latest addresses listed
for them on the current Village tax roll. The applicant shall file
with the Building Department an affidavit stating that he has complied
with this provision, together with the postal receipts evidencing
notification of the property owners.
C. Upon the completion of these requirements, the Building Inspector
shall make a determination as to the status of the applicant's application.