Village of Ossining, NY Article VII Nonconforming Uses, Nonconforming Lots and Noncomplying Buildings

§ 270-38 Applicability.

A. This article shall apply to:

(1) All buildings, structures and uses existing on the effective date of this chapter that do not conform to the requirements set forth in this chapter;

(2) All buildings, structures and uses that were legally nonconforming uses or legally noncomplying buildings or lots under the Zoning Code in effect immediately prior to the effective date of this chapter; and

(3) All buildings and uses that become noncomplying and/or nonconforming by reason of any subsequent amendment to this chapter.

B. Continuance.

(1) Any building, structure or use lawfully existing under the provisions of this chapter in effect at the time of the creation of said building or structure or the establishment of said use, or prior to the establishment of any zoning regulation in the Village of Ossining, although not conforming or complying with the provisions of this chapter for the district in which it is situated, may be continued subject to compliance with the conditions set forth in this article.

(2) Any legal use in existence that by this chapter is made a use that requires a special permit in the district in which it is located shall be presumed to have a special permit to the extent such use is legally conforming as of the date immediately prior to the effective date of this chapter or any amendment thereto.

§ 270-39 Nonconforming uses.

A. Repairs, maintenance and incidental alterations. Upon the issuance of a building permit, nonstructural incidental alterations, as well as repairs to and maintenance of both structural and nonstructural parts, may be made to any portion of a building or structure occupied, in whole or in part, by a nonconforming use.

B. Structural alterations.

(1) No alterations involving structural integrity shall be made to or in a building or structure occupied, in whole or in part, by a nonconforming use, except when, upon the issuance of a building permit, such alterations are made:

(a) In order to accommodate a conforming use; or

(b) Wholly within the interior of the building or structure so that the alteration is not evident from the exterior of the building or structure, and so long as the alteration does not result in an enlargement, extension or increase in intensity prohibited pursuant to this article; or

(c) In the course of an enlargement or extension permitted under the provisions of this article; or

(d) In the course of a reconstruction or restoration permitted under the provisions of this article.

(2) Nothing in this section shall be construed to allow any increase in noncompliance of dimensional regulations applicable to any building or structure, except as expressly permitted under this article.

C. Change of location. Nonconforming uses shall not be moved, in whole or in part, to another location on the same lot or parcel of land unoccupied by such use on the date by which the use was rendered nonconforming on the effective date of this chapter or any amendment thereto. Nonconforming uses shall not be moved to any other lot or parcel where such use would be nonconforming.

D. Change to another nonconforming use. No nonconforming use shall be changed to another nonconforming use without approval by the Zoning Board of Appeals, and then only to a use that the Zoning Board of Appeals has found:

(1) Is of the same or of a more restricted nature;

(2) Will not alter the essential character of the neighborhood; and

(3) Will not cause adverse aesthetic, environmental or ecological impacts on the property or on surrounding areas or otherwise be injurious to the neighborhood or detrimental to the public welfare.

E. Improvement of nonconforming uses. So that nonconforming uses may gradually be brought into greater conformance with this chapter and the adverse external effects of such nonconforming uses may be reduced, the owner of the land, building or structure so used may be permitted to make limited changes to such building or structure or nonconforming use in conjunction with a site plan whereby, through the use of landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking lots and access drives, or any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Planning Board which may grant approval or approval with modifications, provided said agency finds that the purposes of this section will be achieved. For purposes of such site plan review, the Planning Board may seek recommendations from any other Village Board, committee or commission the Planning Board determines is appropriate.

F. Enlargements and extensions. No nonconforming use shall be enlarged or extended, nor shall the intensity of the use be increased, except pursuant to the following:

(1) Any nonconforming use of a building or structure may be extended throughout any parts of the building or structure that were obviously or manifestly arranged or designed only for such use at the time said use was rendered nonconforming.

(2) A nonconforming single-family, two-family, or multifamily dwelling may be enlarged or extended in accordance with the dimensional regulations specified for the district in which it is located so long as such enlarged or extended portion shall not exceed more than 10% of the livable residential floor area in the dwelling unit in existence on the date on which the use became nonconforming. Notwithstanding the foregoing, there shall be no increase in the number of dwelling units beyond the lawful number in existence on the date on which the use became nonconforming.

G. Discontinuance. If a nonconforming use or a portion thereof, substantially ceases for any reason for a total of six months during any twelve-month period, or is changed to a conforming use for any period of time, any future use of the land, building, structure or land shall be in conformity with this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use and/or substantial vacancy of the building or structure in which the nonconforming use was conducted shall be deemed to constitute discontinuance thereof within the meaning of this chapter.

H. Removal of building or structure housing nonconforming use. If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.

§ 270-40 Undersized lots.

A. Merger. Adjacent lots under the same ownership are required to be combined and considered as one lot where such merger is necessary to cause the lot(s) and/or improvements thereon to comply or be more in compliance with the area and/or dimensional regulations for the district(s) in which they are located. Any conflict in designation or identification by the Village Assessor's Office shall have no effect on this provision for the purpose of application of this chapter.

B. A lot having an area and/or dimensions that are less than required for the district in which it is located shall be deemed to be complying, provided that all of the following conditions are met:

(1) The lot met the minimum area and dimensional requirements immediately prior to the effective date of this chapter or any amendment thereto.

(2) All applicable district regulations other than minimum lot area, lot width and lot depth are complied with, except that the Zoning Board of Appeals shall have the authority to modify lot yard requirements insofar as deemed appropriate and justifiable in the public interest.

(3) There were not lots that were both contiguous to and in the same ownership as the undersized lot on the effective date of this chapter or any amendment thereto.

§ 270-41 Noncomplying buildings.

A. Noncomplying buildings. A building or structure that is conforming in use, but does not conform to any dimensional regulation/area requirement of this chapter applicable to the district in which such building or structure is located, shall be deemed to be a noncomplying building.

B. No permit shall be issued that will result in the increase of any such noncompliance, but any noncomplying building, or portion thereof, may be altered to decrease its dimensional noncompliance.

C. Removal of noncomplying building. Except as otherwise specifically provided in this article, if any noncomplying building, or part thereof, is removed, the subsequent use of the land for any building or structure shall be in conformity with the standards specified by this chapter for the district in which such land is located.

D. Reconstruction and/or restoration. Reconstruction or restoration of a noncomplying building may occur only pursuant to the provisions of this article.

§ 270-42 Reconstruction and/or restoration.

A. Any noncomplying building or building or structure housing a nonconforming use destroyed or damaged by any means by the greater of either to an extent of more than 75% of the market value of such building or structure above the foundation at the time of such destruction or damage, as determined by the Building Inspector in consultation with the Village Assessor and any Village consultant, or to an extent of more than 50% of its total floor area shall not be reconstructed, restored or used except in conformity and compliance with the provisions of this chapter. In the event that any destruction or damage of an existing building or structure produces an unsafe condition for which the Building Inspector orders or permits further demolition or removal of floor area or an action that further decreases the market value of the building or structure, such demolition or removal shall not be included in the calculations of this subsection.

B. Any noncomplying building or building or structure housing a nonconforming use destroyed or damaged by any means to an extent of less than the greater of § 270-42A may be reconstructed and/or restored and any nonconforming continued, provided that the reconstruction and/or restoration is commenced within one year of the date of such destruction or damage and completed within two years of said date, provided that the building, structure or use is not enlarged or extended. Such reconstruction or restoration shall occur in accordance with a plan approved by the Planning Board so as to result, where reasonable, in greater conformity with this chapter. Notwithstanding the foregoing, the Building Inspector shall permit for good cause the extension of the dates by which reconstruction and/or restoration must be commenced and/or completed.

C. No building permit shall be issued for reconstruction and/or restoration pursuant to this section without submission to the Building Inspector of a certified statement by the owner's architect or engineer describing, in detail, the extent of the damage or destruction, an accurate calculation or good faith estimate of the floor area damaged or destroyed and any other information reasonably requested by the Building Inspector and related to his/her analysis under this article.