Except as otherwise provided in this chapter,
the lawfully permitted use of land or buildings existing at the time
of the adoption of or any amendment to this chapter may be continued
although such use does not conform to the regulations specified by
this chapter for the district in which such land or building is located.
Said uses shall be deemed nonconforming uses.
Where no building is involved, the nonconforming
use of land may be continued; provided, however, that no such nonconforming
use shall be enlarged or increased nor shall it be extended to occupy
a greater area of land than that lawfully occupied by such use at
the time it became legally nonconforming 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 at the time of
the adoption of the provisions of this chapter that made it nonconforming,
provided, further, that if such nonconforming use of land or any portion
thereof ceases for any reason for any continuous period of more than
90 days or is changed to a conforming use, any future use of the land
shall be in conformity with the provisions of this chapter. No nonconforming
use of land shall be changed to another nonconforming use.
A.
A building or structure, the use of which does not
conform to the use regulations for the district in which it is situated,
shall not be enlarged or extended unless such building or structure,
including such enlargement or extension, is made to conform to all
regulations, including use, for the district in which it is situated.
B.
Such nonconforming building shall not be structurally altered unless authorized under § 240-71 or unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided, further, that any such nonconforming use may be extended throughout any parts of the building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of the provisions of this chapter that made said use nonconforming.
C.
A nonconforming use of a building may be changed only
to a conforming use.
D.
If any nonconforming use of a building ceases for
any reason for a continuous period of more than one year or is changed
to a conforming use or if the building in or on which such use is
conducted or maintained is moved for any distance whatever, for any
reason, then any future use of such building shall be in conformity
with the regulations specified by this chapter for the district in
which such building is located.
E.
If any building in or on which any nonconforming use
is conducted or maintained is hereafter removed, the subsequent use
of the lot on which such building was located and the subsequent use
of any building thereon shall be in conformity with the regulations
specified by this chapter for the district in which such land or building
is located.
A building that is conforming in use but does not meet the height, yard, court, floor area, parking, loading, open space or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of § 240-68. However, no permit shall be issued that will result in an increase in the extent by which such building fails to meet such requirements.
A.
A permit may be issued, subject to § 240-93, for the erection of a building incorporating a permitted use on any lot existing in single separate ownership as of the date of adoption of this chapter or of any amendment thereto or as to which a valid conveyance or contract of sale has been executed and delivered prior to such date, which lot does not meet the requirements of this chapter with respect to area, depth, width or frontage; provided, however, that where the owner of any such lot also owned or had under contract to purchase adjoining land on such date, such other land or so much thereof as may be necessary shall be combined with the original lot to make a single lot meeting such requirements, if possible. Otherwise, it shall be combined to make a lot which meets such requirements to the fullest extent possible.
[Amended 7-17-1996 by L.L. No. 14-1996]
B.
In the case of a lot which does not meet the required
dimensions in a residence district, the minimum required front and
rear yards shall be those of the residence district in which said
lot's depth would meet the current requirements, the minimum required
side yards shall be those of the residence district in which said
lot's width would meet the current requirements, and the minimum required
floor area shall be that of the residence district in which said lot's
area would meet the current requirements.
C.
A permit may be issued for the erection of a building
incorporating a permitted use on any lot shown as a separate parcel
upon a subdivision map or plat duly approved by the Planning Board
of the Town of Mamaroneck and recorded in the office of the County
Clerk, Division of Land Records, prior to the effective date of this
chapter; provided, however, that the owner or subdivider has filed
with the Planning Board a bond for the completion of the street improvements
and utilities as required by the Planning Board under the provisions
of §§ 277 and 278 of the Town Law or, in the alternative,
that such street improvements and utilities have been completed as
required by the Planning Board.
[Amended 7-17-1996 by L.L. No. 14-1996]
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
If any building shall be accidentally destroyed or damaged due to fire, explosion or other cause to the extent of not more than 50%, above the foundations, of its reproduction value at the time of the damage, as determined by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, it may be restored on its original foundations, but if damaged or destroyed to a greater extent, it nevertheless may be rebuilt or restored to provide an equivalent livable or usable area, but it shall conform to the side yard requirements in this chapter, and if such building shall be a dwelling, it shall not be nearer to the street than the average distance of the dwellings on the lots adjacent thereto on each side or, if there be none adjacent, the average of the two nearest dwellings on the same side of the street in the same block, provided that such buildings, when restored, shall comply with the structural requirements of Chapter 106, Fire Prevention and Building Construction. This section shall not apply unless such building is restored within 12 months of such damage or destruction.
[1]
Editor's Note: Former § 240-72,
Nonconforming signs, as amended 4-17-1963, was deleted 7-17-1996 by
L.L. No. 14-1996.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Any building for which a permit has been duly granted prior to the effective date of any amendment to this chapter which makes such building nonconforming as to use or causes it to deviate in other respects from the height, yard, court, floor area, parking, loading, open space or land coverage requirements of this chapter may be completed in accordance with the plans on file with the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, subject, however, to the provisions of § 240-87 of this chapter.
[Amended 4-17-1963]
Any use lawfully existing on the effective date of this amended chapter or on the date of any subsequent amendment to this chapter, in the district in which such use is or was at that time classified in this chapter as one requiring a special permit, shall, without further action, be deemed to be a conforming use in such district. Any extension of or addition to such use or any enlargement or extension of any building or structure shall be subject to the requirements of §§ 240-60 through 240-64, inclusive, of this chapter, and said sections shall apply to such extension, addition or enlargement of any use, building or structure in like manner as to original permitted special uses.
