[Amended 7-15-1975 by L.L. No. 4-1975; 3-14-1989 by L.L. No.
6-1989; 3-12-1991 by L.L. No. 1-1991[1]; 9-27-1994 by L.L. No. 9-1994; 5-23-1995 by L.L. No. 7-1995; 4-8-1997 by L.L. No. 3-1997; 1-23-2001 by L.L. No. 1-2001; 5-13-2008 by L.L. No.
3-2008; 1-13-2015 by L.L. No. 1-2015]
A.
Nonconforming uses. Nonconformity of any use with any provision of this chapter shall not be a violation of this chapter if such use existed on March 1, 1957, and was permitted by the Zoning Ordinance in effect immediately prior to that date or if the use was permitted on the effective date of any modification of this chapter which rendered the use nonconforming. Such use shall be permitted to continue subject to the provisions of Subsection D(3) of this section and the following conditions:
(1)
No building housing a nonconforming use may be enlarged or altered
structurally, except as may be required or permitted by law. For the
purposes of this section, an increase in the fuel storage capacity
of a service station is not considered to be an expansion of a nonconforming
use.
(2)
No such nonconforming use shall be enlarged or extended, nor shall
it be changed to another nonconforming use, nor shall it be moved
to another building (either conforming or nonconforming).
(3)
No such nonconforming use, if changed to a use which conforms to
the provisions of this chapter, shall be changed to a nonconforming
use.
(4)
No such nonconforming use that shall have ceased for six months or
longer, whether or not with intent to abandon, shall be resumed.
(5)
Any otherwise legal, preexisting, nonconforming use in a residential
district may be continued, subject to the issuance of a special use
permit by the Board of Appeals for residential uses or by the Planning
Board for nonresidential uses.
(a)
The initial application for such nonconforming use special use
permit shall be filed by the owner of the property within one year
of the effective date of this subsection or, if later, the effective
date of the applicability of this subsection to a particular nonconforming
use. If the initial application is not so filed, it may be initiated
at any time by the Village or by the owner of any property, any part
of which is within 300 feet of any part of the property on which a
nonconforming use exists or is asserted to exist.
(b)
Upon the filing of an application or other initiation of the
nonconforming use special use permit process, the Board of Appeals
or the Planning Board, as applicable, shall, after a public hearing,
determine:
[1]
Whether a nonconforming use exists on the site.
[2]
If such nonconforming use exists, what terms and conditions
applied to the lawful use of the property immediately prior to the
date upon which the use became nonconforming.
[3]
Whether the use of the property at the time of the special use
permit proceeding is in full compliance with such immediately prior
terms and conditions. In making this determination, the applicable
board shall consider all factors which may be pertinent under such
immediately prior terms and conditions, which in particular cases
may include, without limitation, building design, functional uses,
emissions (noise, vibration, smoke, dust, odors or others), hours
of operation, off-street parking, traffic, lighting, landscaping and
screening.
(c)
If the applicable board determines, pursuant to Subsection A(5)(b)[3] above, that there is a nonconforming use and that such use of the property at the time of the special use permit proceeding is in full compliance with the aforementioned immediately prior terms and conditions, it shall grant the nonconforming use special use permit, setting forth the immediately prior terms and conditions so determined, which are to continue to pertain as long as the nonconforming use is lawfully continued.
(6)
Any commercial sale, delivery and/or transfer of firearms, ammunitions, ENDS and/or ENDS components and parts which was lawful prior to the adoption of § 310-89A(11) and (12) shall be deemed a nonconforming use. These nonconforming uses will be permitted to continue for a period not to exceed 12 months unless sooner terminated pursuant to another provision of § 310-67.
[Added 2-13-2019 by L.L.
No. 1-2019]
B.
Construction on nonconforming unimproved lots.
(1)
An unimproved lot, that does not conform to the requirements of §§ 310-14 and 310-15A, is merged with an adjoining improved or unimproved lot if that lot is owned or controlled by the same owner of the adjoining improved or unimproved lot, unless said unimproved lot meets the requirements noted in Subsection B(2) or (3) below.
(2)
A building may be erected, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code, subject to the special setback provisions of § 310-18 or 310-36, even if the lot does not conform to § 310-14 or 310-15A, provided that the following lot criteria are met:
(a)
On April 1, 1947, the lot conformed to the Zoning Ordinance
in effect immediately prior to that date and the lot was shown on
a plat filed in the County Office of Land Records; and
(b)
The lot was not reduced in area after February 1, 1947; and
(c)
The lot has an area of at least 75% of the current requirement;
and
(d)
The lot has a width and length of streetline frontage of at
least 85% of the current requirement.
(3)
A building may be erected, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code, subject to the special setback provisions of § 310-18 or 310-36, if a lot is rendered nonconforming by any amendments to the Zoning Map (§ 310-4) adopted after October 2000, provided that the lot meets the following criteria:
(a)
The lot conformed to the Zoning Ordinance in effect immediately
prior to the effective date of the amendment; and
(b)
The lot was not reduced in area in the month prior to the effective
date of any amendment; and
(c)
The lot has an area of at least 65% of the current requirement;
and
(d)
The lot has a width and length of streetline frontage of at
least 80% of the current requirement.
C.
Construction on nonconforming improved lots.
(1)
(2)
Subject to the special setback provisions of §§ 310-18 and 310-36, and Subsection D(1) of this section, if applicable, an existing building may be enlarged, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code if the lot is rendered nonconforming by zoning amendments to the Zoning Map (§ 310-4) adopted after October 2000, provided that the lot meets the following criteria:
D.
Nonconforming buildings. Nonconformity of any building shall not
be a violation of this chapter if such building existed on March 1,
1957, and was permitted by the Zoning Ordinance in effect immediately
prior to the date or if the building was permitted on the effective
date of any modification of this chapter which rendered the building
nonconforming. Such nonconforming building shall be permitted to continue,
subject to the following conditions:
[Amended 1-10-2023 by L.L. No. 1-2023]
(1)
No such building which is nonconforming with respect to height, area of lot occupied or setback from any lot line shall be enlarged in any respect as to the portion thereof which is nonconforming, subject to the provisions of this chapter and § 310-18 or 310-36. Notwithstanding the foregoing, alterations of the portion thereof which is nonconforming, but which would not increase the existing nonconformity, shall be permitted.
(2)
No such nonconforming building, if changed to a conforming building
which conforms to the provisions of this chapter, shall be changed
to a nonconforming building.
(3)
No such nonconforming building, if all or substantially all thereof
is destroyed due to any cause, shall be restored in a 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 be restored in substantially the same form and
location, but without enlargement, for a conforming use or the continuance,
but without enlargement, of the nonconforming use provided that the
restoration of the building is completed and any nonconforming use
is continued within 12 months of the damage.
E.
Nonconforming lot coverage. Nothing in this chapter shall prohibit
the repair or replacement in-kind, as determined by the Building Inspector,
of any legal nonconforming impervious surface or structure, such as
a driveway, walkway, patio, tennis court or swimming pool, provided
such repair or replacement is completed within 12 months of any removal
of the impervious surface or structure. Replacement in-kind shall
not include the replacement of one type of impervious surface or structure
for another, such as the replacement of a patio with a tennis court.
Such repair or replacement shall not increase the existing impervious
coverage on the lot.
[Added 1-10-2023 by L.L.
No. 1-2023]
[1]
Editor's Note: Section 14 of this local law
provided as follows:
"This local law shall not prevent the issuance
of a permit for any new building, building addition or alteration
in compliance with the laws in effect prior to the effective date
hereof for which a complete application was submitted prior to such
date." (This local law became effective April 4, 1991.)
No building shall be used or maintained on a
lot which is hereafter reduced in area, width or length of street
line frontage in violation of the following provisions:
A.
No improved lot shall be reduced in area in any direction unless the lot as so reduced has at least the area prescribed in § 310-14 of this chapter and has the unoccupied spaces required by the other provisions of this chapter.
B.
No improved lot shall be reduced in width or in length of street line frontage unless the lot as so reduced has at least the width and length of street line frontage, respectively prescribed in § 310-15 of this chapter.
C.
No improved lot shall be reduced in area in any direction 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, without benefit of the special setback provisions specified in § 310-18 of this chapter.
Irrespective of the other provisions of this
chapter, any building in any residence or business district located
on a lot which does not immediately adjoin a street shall set back
from such street at least as much as such building would be required
to set back therefrom if such lot immediately adjoined such street.
[Amended 2-20-1979 by L.L. No. 4-1979; 2-28-1989 by L.L. No.
4-1989; 9-27-1994 by L.L. No. 9-1994; 4-8-1997 by L.L. No. 3-1997; 3-24-1998 by L.L. No. 2-1998; 12-11-2001 by L.L. No. 15-2001; 1-11-2011 by L.L. No. 2-2011]
A.
The following is the minimum number of off-street parking spaces
which shall be provided and maintained on private premises by the
owner thereof for each use of land or buildings which is hereafter
enlarged, altered, changed or created, except as such requirements
may be modified elsewhere in this chapter.
(1)
Apartment: one space for each 750 square feet of gross residential
floor area.
(2)
Hotel or lodging house: one space for each guest sleeping room.
(3)
Auditorium or place of assembly in which seats are provided for 25
persons or more in the main assembly room on the premises of a church
or other place of worship, club, lodge, community center building
or in a school, college, academy, seminary, library, museum, stadium,
athletic field, theater or other similar place of assembly: one space
for each four seats which are so provided.
(4)
Restaurant or other place serving food or beverages: one space for each 75 square feet or major fraction thereof of gross leasable floor area, except in the Village Center Area District described in § 310-12, where the parking requirements for a restaurant or other place serving food or beverage is one space for each 150 square feet or major fraction thereof of gross leasable floor area.
(5)
Recreation facility, health or exercise club: one space for each
employee, plus one space for each player or participant when the facility
is operating at maximum capacity.
(6)
Retail store or shop, commercial sale, delivery and/or transfer of
firearms, ammunitions, ENDS and/or ENDS components and parts, or personal
service establishment: one space for each 150 square feet or major
fraction thereof of gross leasable floor area on the first floor and
one space for each 250 square feet or major fraction thereof of gross
leasable floor area on all other floors.
[Amended 2-13-2019 by L.L. No. 1-2019]
(7)
Bank: 10 spaces, plus five spaces for each teller in excess of two,
but in no case less than the number which would be required for a
retail store. Where drive-up teller services are provided, a minimum
of five queuing spaces shall be provided for each drive-up teller
window in addition to the space at the teller window itself.
(8)
Office: one space for each 200 square feet or major fraction thereof
of gross leasable floor area, except one space for each 150 square
feet or major fraction thereof of gross leasable floor area for medical,
dental and real estate offices.
(9)
Gasoline station: five spaces, or five spaces per service bay, whichever
requirement is greater.
(10)
Group training or instruction: one space for each employee,
plus two spaces for each three students or participants, but in no
case less than the number which would be required for a retail store.
(11)
For all land and building uses which do not fall within the categories listed in Subsection A(1) through (10), the Planning Board, based upon a consideration of the above standards in relation to the estimated parking generation characteristics of the proposed use, shall establish such off-street parking requirements as it may determine reasonable and appropriate in each individual case.
(12)
Single-family houses in a Residence AA-1, A-1, A-2, A-2a or
A-3 District: two spaces.
B.
Special parking district. For any lot or building within the area designated as a special parking district, as shown on a map entitled "Scarsdale Village Center Zoning Map," dated March 28, 1988, revised November 1, 1988, adopted and referred to in § 310-4 hereof, which map amends the map entitled "Special Parking District Station Business Area, Scarsdale, New York," dated February 13, 1979, the following modifications to the off-street parking requirements as set forth above shall apply.
(1)
There shall be no requirement to provide off-street parking spaces
for any use of land or buildings legally existing on the date of adoption
of this amendment or for a changed use which would not result in any
increased off-street parking requirement in accordance with the standards
set forth above, provided that:
(a)
Any parking spaces existing on such premises at that date are
continued in such use or that alternate parking spaces, subject to
location and design approval by the Planning Board, are established
to replace them;
(b)
Any existing agreements for the provision of off-street parking
spaces, including agreements to purchase Village parking permits,
which may have been previously approved by the Village of Scarsdale
or any agency, board or commission thereof shall continue in full
force and effect unless modified by the parties thereto; and
(c)
For the purpose of this requirement, any existing floor space
which may be vacant on the date of the adoption of this amendment
shall be considered to have been in use for the purpose for which
it had last been used on a regular basis prior to its becoming vacant.
(2)
If the use of any existing premises is changed in such a way as to increase the minimum number of off-street parking spaces which would be required on such premises in accordance with the standards as set forth in Subsection A(1) through (10) above, such increased number of off-street required parking spaces shall be provided and maintained on private premises by the applicant.
(3)
Alternatively, in a special parking district, the applicant for such
change may request the Planning Board to accept a cash payment to
the Village of Scarsdale Parking Enterprise Revenue Fund in lieu of
providing some or any of such parking, and the Planning Board, in
its discretion, may elect to accept such payment on behalf of the
Village. The amount of the cash payment required for each parking
space shall be established and may from time to time be amended by
the Village Board of Trustees. The expenditure of parking fund revenues
shall be limited exclusively to those actions designed to provide
parking spaces to serve properties within the special parking district.
(4)
In the PUD - 1.0 District, the Village Board of Trustees may negotiate
a lump sum cash payment, or a combination of land dedication and a
cash payment, to the Village in lieu of an applicant providing some
or all of the required off-street parking spaces. In such a case,
the Village would assume the responsibility for the construction and
maintenance of said parking, including the determination of the manner
and basis upon which the parking will be designed and allocated to
meet the needs of the various uses which it is intended to serve.
C.
Planning Board waiver. Where, because of the specific nature of a
particular nonresidential use of land or buildings or because of probable
variation in the time of peak parking demand in the case of a mixed-use
development, the Planning Board determines that the provision of the
minimum number of off-street parking spaces as determined on the basis
of the above standards may not actually be needed, the Planning Board
may, subject to such special standards, limitations or conditions
as it may deem appropriate, waive or modify the requirement for the
construction of up to 1/3 of such number of spaces.
D.
If a building or premises of the respective kinds mentioned in this section is increased in number of dwelling units, sleeping rooms or seats or in number of square feet of floor area, whether by alteration of an existing building, erection of a new building on the same lot or in any other manner, parking spaces shall be provided, pursuant to this section, to the same extent as if such building or premises were then first erected or first used for the purpose mentioned, except that if such building or premises or any building on the same lot has been used for the same purpose since prior to April 20, 1951, additional parking spaces need only be provided to the extent that they would herein be required for a new building or premises having the number of dwelling units, sleeping rooms or seats or the number of square feet of floor area equivalent to those added after April 20, 1951. For this purpose, seats shall not be considered as added after April 20, 1951, to the extent that they do not exceed in number other seats (in regular use in another auditorium or place of assembly on the same lot immediately prior to April 20, 1951) which thereafter are not normally to be used simultaneously with such newly provided seats. In the case of buildings or premises of the respective kinds mentioned in § 310-70A(6) and (7), the above references to April 20, 1951, shall be construed to refer to January 15, 1954.
E.
All parking spaces provided pursuant to this section may be in the
open or in private garages, or both, provided that no such parking
spaces in the open shall be in a front yard in any residence district
or in any Business A or Village Center Area District and provided
that any such parking spaces in the open in excess of four in number
shall be effectively screened with trees, shrubs or fencing, as required
by the Village Engineer, on any boundary that adjoins or faces the
side or rear lot lines of premises used for or land zoned for residential
purposes.
F.
All parking spaces provided pursuant to this section shall be paved,
oiled or covered with gravel, shall be suitably drained, shall be
maintained in good condition and shall have adequate means of ingress
and egress.
G.
All parking spaces provided pursuant to this section shall be provided
and maintained on the same lot with the building or premises for which
such spaces are provided, except that for nonresidential uses, if
so permitted by the Planning Board, all or part of such parking spaces
may be provided and maintained on another lot or lots owned or controlled
by the owner of such building, provided that such parking spaces are
within 500 feet of the main entrance of such building and provided
that, if such building is in a business district, such parking spaces
are also in a business district.
H.
Parking spaces shall not be considered as provided pursuant to this
section unless reasonable precautions are taken to assure that such
parking spaces are used only by persons who are at the time residing
or employed in or visiting the building or premises for which such
parking spaces are provided.
I.
Parking spaces required by this section to be provided for buildings
or premises shall be maintained in accordance with the provisions
of this section as long as such buildings or premises are used for
the purposes indicated.
J.
Size of parking spaces.
(1)
Each standard size parking space shall be at least nine feet wide
and 18 feet long.
(2)
Each parking space designed and limited to employee parking shall
be at least 8.5 feet wide and 18 feet long. For retail or service
businesses or other similar types of uses designed to attract the
general public, such reduced-width employee parking spaces shall not
exceed 15% of the total required or provided parking, whichever is
less. All employee parking spaces shall be appropriately located and
clearly identified and limited in their use by signage and/or pavement
markings.
(3)
Each parking space for compact cars shall be at least eight feet
wide and 15 feet long. Such spaces may be up to 25% of the required
number of parking spaces but may be used only when approved by the
Planning Board. Such spaces shall be grouped in one location on the
lot and shall be clearly marked as being reserved for compact cars
only.
(4)
Parallel curb parking spaces shall be at least eight feet wide and
22 feet long.
K.
No new driveway or parking space may be designed in a way that would
require a vehicle to back out onto a county or state highway.
[Amended 10-14-1975 by L.L. No. 7-1975]
No automobile trailer or camper designed to
be used for human habitation shall be stored or parked in any residence
or business district, except that such trailer or camper may be stored
or parked inside a public or private garage or automobile salesroom
or parked in the open on an improved lot not more than 30 feet nor
less than 10 feet from the rear lot line, at least 10 feet from any
side lot line and at least 30 feet from any street line, provided
that in no case shall such trailer or camper be placed in use.
[Added 3-14-1989 by L.L. No. 6-1989]
A.
The approval of the Building Inspector shall be secured
for all radio transmitter and receiver single-pole-type antennas more
than 23 feet in height operating within the citizen band frequencies
and for all other tower and antenna structures which are more than
12 feet in height. Heights shall be measured from the point of attachment
of the base of the antenna support to the uppermost tip of the antenna.
The installation shall in no case be erected nearer to the building
lines than the total height of the antenna structure nor shall such
structure be installed near electric power lines nor shall it encroach
upon any public space.
B.
Construction. Radio and television towers and antennas
of a height requiring approval of the Building Inspector shall be
constructed of steel or other approved corrosive-resistive and noncombustible
materials. Steel members shall be not less than 1/8 inch in thickness,
if galvanized, nor less than 3/16 inches in thickness, if painted.
The structures shall be securely braced and anchored to resist the
loads herein specified.
