Village of Muttontown, NY Article VII General Provisions

§ 190-31 Nonconforming buildings and uses.

[Amended 6-9-1981 by L.L. No. 1-1981; 6-14-1982 by L.L. No. 1-1982; 4-8-1985 by L.L. No. 1-1985; 9-11-2000 by L.L. No. 3-2000; 10-14-2008 by L.L. No. 1-2008]

A. Any building or use legally existing on the effective date of this chapter or any amendment of this chapter and permitted by the Building Zone Ordinance in effect immediately prior to that date, although not conforming to the other provisions of this chapter, may be continued subject to compliance with the provisions of §§ 190-8 and 190-32 of this chapter and subject to the following conditions:

(1) No such building which is nonconforming with respect to height, area, lot, location or setback from any lot line shall be enlarged or altered in such manner as to increase any nonconformity.

(2) No such building which is nonconforming with respect to use shall be enlarged nor shall it be altered structurally except as may be allowed by law or ordinance.

(3) No such nonconforming use shall be enlarged or extended nor shall it be changed to another nonconforming use.

(4) No such nonconforming building or use, if changed to a building or use which conforms to the provisions of this chapter, shall thereafter be changed to a nonconforming use or building.

(5) No such nonconforming use, if discontinued for six months or longer, shall be resumed.

(6) No such nonconforming building, if 50% or more of the assessed value thereof is destroyed due to any cause, shall be restored in nonconforming form or location or for the continuance of a nonconforming use, except that such a building, if destroyed accidentally due to fire, explosion or other cause, may, if so permitted by the Zoning Board of Appeals, be restored in substantially the same form and location but without extension of the nonconforming use.

B. Any legal preexisting incorporated club, nursery for the cultivation and sale of plants or stable for the commercial boarding of horses may be continued and operated in accordance with the special use permit issued for such use.

C. Notwithstanding the provisions of Subsection A(3) above, such uses may be expanded or modified, provided that:

(1) No additional lands shall be devoted to such use;

(2) Such expansion or modification does not exceed the provisions of this chapter applicable to such uses which existed at the time the particular special use permit was issued, except that the Board of Trustees may vary the requirements for off-street parking for special permits previously issued for a nursery for the cultivation and sale for plants; and

(3) Such expansion or modification is approved by the Board of Trustees after a public hearing.

D. If a legal preexisting, nonconforming incorporated club, nursery for the cultivation and sale of plants or stable for the commercial boarding of horses ceases operation for a period of more than six months and the property which was used for such purpose is granted final approval for residential subdivision by the Planning Board, all buildings and structures nonconforming in use, dimensional requirements or number with the current provisions of this chapter at the time of final Planning Board approval must be removed or relocated in strict compliance with the provision of the Building Zone Ordinance at the time of the Planning Board approval.

§ 190-32 Improvements on lot less than required size.

A. In the case of a lot on which there stands, on the effective date of this chapter, a dwelling or other principal building which conforms to the Building Zone Ordinance in effect when it was constructed, which lot shall not at any time on or after the effective date of this chapter have been reduced in area or in any dimension, the fact that the area or dimensions of such lot are less than that prescribed in § 190-7 of this chapter shall not prevent the erection, enlargement, alteration or maintenance on such lot or a building or buildings which, as so erected, enlarged or altered, comply with all the other provisions of this chapter.

B. However, no building permit or certificate of occupancy shall be issued for the construction, enlargement or alteration of any structure or building on such lot unless:

(1) The owner thereof certifies to the Building Inspector that the lot contains a gross area of at least the minimum required herein for the district in which it is located and appears as such on, and presently conforms to, a subdivision map duly filed at the Nassau County Clerk's office or duly approved by the Village's Planning Board.

(2) In the case of a lot which does not appear on such a subdivision map, a variance for the issuance of said building permit or of a certificate of occupancy is granted by the Zoning Board of Appeals.

§ 190-33 Reducing area of improved lots.

No building shall be used or maintained on a lot which is hereafter reduced in area or length of front line frontage in violation of the following provisions:

A. No improved lot shall be reduced in area or in any dimension unless the lot as so reduced has at least an area prescribed in § 190-7 of this chapter and has the unoccupied spaces required by the other provisions of this chapter.

B. No improved lot shall be reduced in length of front lot line unless the lot as so reduced has at least the length of front lot line frontage prescribed in § 190-7 of this chapter.

C. No improved lot shall be reduced in area or in any dimension unless the setback of each then existing building from any new boundary line shall be at least the setback which would be required by the other provisions of this chapter for a building of the same kind then newly erected in the same location.

§ 190-34 Zoning modifications for subdivisions.

[Amended 8-9-1976 by L.L. No. 1-1976]

A. Where the owner of any parcel of land located in the A-3 Residence District and extending into an adjoining residence district presents a plat for the subdivision of such parcel, the Planning Board, after public hearing and pursuant to § 7-738 of the Village Law, may authorize not more than 20% of the lots in such subdivision to have a lot area not more than 10% below the required minimum for the zoning district in which they are located, provided that all such modifications are necessary, in the opinion of the Planning Board, to obtain a good subdivision design and further provided that there is no increase in the total number of lots that would be permitted if no such modification were approved.

B. In approving any above-authorized modification, any lot that has an area capable of being divided into two or more lots of minimum area for the zoning district shall be counted as equivalent to such number of lots, unless the subdivider shall file with the Planning Board an agreement satisfactory to the Village Attorney to ensure that the lot will not be further subdivided, which agreement shall be noted on the subdivision plat and in the deeds for such lots.

C. Each modification of the zoning regulations approved by the Planning Board under this section shall be noted specifically on the subdivision plat, and a copy of said plat shall be filed with the Village Clerk. Upon the filing of said plat in the office of the County Clerk, the approval modifications shall be recorded as a part of this chapter and, as provided in § 7-738 of the Village Law, shall be similarly subject to change.