[Added 9-25-1991 by L.L. No. 1-1991]
A. Legislative intent. There are numerous residential properties in the Village of Harriman which have the status of preexisting use; that is, the real property in the present configuration and the location of the residential structure(s) on the property predate the current Chapter
140, Zoning, and its predecessors. Several of these properties have sufficient area to be legally subdivided into more than one lot. However, the structure(s) on the property usually violate the current setback requirements, thus making any change in the plot an illegal change since the structure(s) cannot comply with the current setback requirements. In order to foster better utilization of the real property located within the incorporated Village, it is the intent of this section to eliminate the requirement that these preexisting structure(s) comply with the setback requirements contained within Chapter
140, Zoning, when the property may otherwise be legally subdivided.
B. Waiver of setback requirements. When the subdivision or resubdivision of any residential lot which complies with the bulk requirements contained in Chapter
140, Zoning, causes any structure on that lot to lose its preexisting grandfather status resulting in a violation of Chapter
140, Zoning, in that the preexisting structure now fails to comply with the setback requirements for that structure then the setback requirements contained within Chapter
140, Zoning, shall be waived for that structure and shall not be an objection so as to prevent subdivision approval or require the approval of the Zoning Board of Appeals. The provisions of §
140-10 of the Village Code shall be controlling concerning modifications, changes or destruction of the preexisting structure(s).