Except as otherwise provided in this article,
the lawfully permitted "use" of land or "buildings" and the lawfully
permitted existence of "structures" at the time of the adoption of,
or any amendment to, this chapter may be continued, although such
"use," "building" or "structure" does not conform to the regulations
specified by this chapter for the "district" in which such land, "building"
or "structure" is located. Said "uses" shall be deemed "nonconforming
uses," and said "buildings" and "structures" shall be deemed "dimensionally
nonconforming."
The "nonconforming use" of land may be continued;
provided, however, that no such "nonconforming use" shall be enlarged,
increased, intensified or expanded, nor shall it be extended to occupy
a greater area of land than that occupied by such "use" at the time
of the adoption of this chapter, unless specifically allowed by other
provisions in this chapter, 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 this chapter; provided, further, that if such "nonconforming
use" of land, or any portion thereof, ceases for any reason for any
continuous period of more than 180 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, extended or altered unless the
"use" therein is changed to a conforming "use" or except to conform
to an order of the Building Inspector to either correct an unsafe
condition or to conform to the requirements of applicable laws or
regulations.
B.
Such nonconforming "building" shall not be structurally
altered 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" or "structure" which were lawfully
and manifestly arranged or designed only for such "use" at the time
of the adoption of the provision of this chapter that made said "use"
nonconforming.
C.
A "nonconforming use" of a "building" or "structure"
may be changed only to a conforming "use."
D.
If any "nonconforming use" of a "building" or "structure" ceases for any reason for a continuous period of more than 180 days or is changed to a conforming "use" or if the "building" or "structure" in or on which such "use" is conducted or maintained is moved for any reason, then any future "use" of such "building" or "structure" shall be in conformity with regulations specified by this chapter for the "district" in which such "building" or "structure" is located, except where an application is made to the Town Board pursuant to § 113-32 within said one-hundred-eighty-day period.
E.
If any "building" or "structure" in or on which any
"nonconforming use" is conducted or maintained is hereafter removed,
the subsequent "use" of the "lot" on which such "building" or "structure"
was located and the subsequent "use" of any "building" or "structure"
thereon shall be in conformity with the regulations specified by this
chapter for the "district" in which such land, "building" or "structure"
is located.
A.
In order that "nonconforming uses" may be gradually brought into greater conformity with the requirements of this chapter and that the adverse external effects of such "uses" may be reduced, the Town Board may, upon application made in accordance with the procedures and standards as set forth in Article VIII, issue a special permit for the relocation and/or design of any activities and facilities involved in such "nonconforming use."
B.
The special permit for such changes shall be issued only upon a finding by the Town Board, in addition to all other required determinations of Article VIII, that the proposed plan, through the "use" of landscaping, screening and buffer areas, increased setbacks, the control of noise, smoke, odors, lighting and other external characteristics, architectural changes, the location and layout of "parking areas" and access drives or by other appropriate means, will serve to reduce the adverse external effects of the "nonconforming use" and improve its relationship to neighboring properties and the community.
C.
If such special permit would allow the relocation
and/or expansion of the "nonconforming use," the Town Board will consider
the following prior to making its decision:
(1)
Whether the relocation and/or expansion would result
in a significant improvement in the public welfare, health, safety
and applicable environmental concerns which could not be achieved
to the same degree without such action.
(2)
Whether it has been demonstrated that unique and compelling
circumstances exist which support the need for relocation and/or expansion
of the "nonconforming use" as opposed to other possibilities.
(3)
With respect to relocation of the "nonconforming use,"
whether such action will result in a greater separation between any
"structure" or operation associated with the "nonconforming use" and
other neighboring "uses" and properties.
D.
Application for such a special permit shall be made to the Town Board. Based upon an initial review of the merits of the application, the Board may refuse to further consider the application or may refer it to the Planning Board for review in accordance with the provisions of Article IX. Assuming a positive recommendation by the Planning Board, a duly advertised public hearing shall be held by the Town Board. If the proposed action is to be approved, the Town Board shall prepare a written statement indicating the rationale supporting its decision and shall approve a specific plan for its implementation. Within a period of not more than one year from the date the Town Board approves such plan, unless otherwise extended, the owner of the property where the "nonconforming use" is located shall bring such "use" into conformance with such plan as a condition of continuing its legal nonconforming status under this chapter. The Town Board may, as a condition of approval, require that all improvements be completed simultaneously or in accordance with a schedule established as part of any approval.
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 the chapter as one requiring a special permit
shall, without further action, be deemed to have a special permit
for such "use" as it lawfully exists. Any extension of or addition
to such "use" shall meet all requirements of this chapter.
A "building" or "structure" that is conforming
in "use" but does not conform to the "height," "yard," "lot" area,
"lot" dimensions, floor area, parking, loading, land "coverage" or
similar dimensional requirements of this chapter shall be deemed to
be "dimensionally nonconforming." No permit shall be issued that will
result in the increase of any such nonconformity. Any "building" or
"structure" or portion thereof may be altered to reduce its "dimensional
nonconformity." In the Planned Business A "District," a "building"
which is nonconforming because of its projection into a "parking area"
shall also be subject to the provisions of said "district" regarding
the elimination of such nonconforming portion.
Any "building" for which a permit has been duly
granted prior to the effective date of an amendment to this chapter
making such "building" nonconforming may nevertheless be completed,
provided that construction has been started before the effective date
of such amendment and the ground-"story" framework of which, including
the second tier of beams, has been completed within six months of
the date of the permit.
A.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall declared unsafe by the
Building Inspector.
B.
All applications for a building permit or certificate
of occupancy involving the reconstruction of damaged nonconforming
"buildings" or "structures" and/or the continuation of "nonconforming
uses" within said "structures" shall be referred to the Town Board
for its review, comment and determination in accordance with the following
standards.
C.
The Town Board shall be guided by the following standards
for the reconstruction of damaged nonconforming "buildings" or "structures"
and the continuation of "nonconforming uses" within said "structures."
The following standards may be waived or modified by the Town Board
for good cause shown where it determines that the nonconforming "structure,"
"building," "use" or premises, and its proposed reconstruction and/or
continuation, is of historic value, special character or other Town-wide
importance.
(1)
If any nonconforming "building" or "structure" shall
be destroyed by any means to an extent equal to or greater than 75%
of its fair market value, as determined by the Town Assessor after
any necessary consultation with the Building Inspector and the Town
Engineer, no repairs or reconstruction shall be made unless every
portion of such "building" is made to conform to all the regulations
of this chapter for the "district" in which it is located.
(2)
If any nonconforming "building" or "structure" shall be destroyed by any means to an extent equal to or greater than 50% but less than 75% of its fair market value, as determined by the Town Assessor after any necessary consultation with the Building Inspector and the Town Engineer, the Town Board may, after application by the owner of the "building," determine whether, and to what degree, reconstruction shall conform to the provisions of Subsection C(1) or (3), or of any combination thereof. The Board shall consider the extent of the nonconformity, the value of the original "structure," the relationship of neighboring properties, conformity with the Town Development Plan, the proposed reconstruction and any other consideration it deems appropriate.
(3)
If any nonconforming "building" or "structure" shall
be destroyed by any means to an extent less than 50% of its fair market
value, as determined by the Town Assessor after any necessary consultation
with the Building Inspector or Town Engineer, it may be restored and
any accompanying "nonconforming use" continued.
(4)
The Town Board may permit the restoration and reconstruction
of a damaged nonconforming "building" or "structure" and the continuation
and restoration of a "nonconforming use" within said "structure" in
accordance with the above standards, provided that:
(a)
The dimensions of such restoration or reconstruction
do not exceed the dimensions of the destroyed portion of the "building"
or "structure" at the time of its destruction.
(b)
The resumption of an accompanying "nonconforming
use" takes place within 18 months of the time of its interruption,
which period may be extended by the Building Inspector for a maximum
of six months.
(c)
The restoration or reconstruction is commenced
within six months of the date of such damage and completed within
18 months of said date, which periods may each be extended by the
Building Inspector for a maximum of six months.
(d)
Where such restoration or reconstruction can
reasonably be accomplished so as to result in greater conformity with
this chapter, then it shall be so done.
A.
A permit may be issued, subject to § 113-97C, for the erection of a "building" housing a permitted "use" on any "lot" which has been made nonconforming with respect to area, depth, width or "frontage" requirements by the adoption of, or any amendment to, this chapter or the Zoning Map, provided that all other "district" and chapter regulations other than minimum "lot area," depth, width and "frontage" are complied with, provided that the "lot" met the zoning requirements at the time the deed to the "lot" was recorded and provided that a valid conveyance or contract of sale for said "lot" has been executed and delivered prior to the date of the adoption of the provision of this chapter that made the "lot" nonconforming, except that where the owner of any such "lot" also owned adjoining land on said date, such other land, or so much thereof as may be necessary, shall be combined with the original "lot" to make a single conforming "lot" if possible; otherwise, a "lot" that is conforming to the fullest extent possible.
B.
A permit may be issued, subject to conformity with
all other requirements of this chapter, for the erection of a "building"
housing 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 Pound Ridge and recorded in the Office of the County
Clerk, Division of Land Records, prior to the date of the adoption
of this chapter; provided, however, that the owner or subdivider has
filed a bond with the Town for the completion of the "street" improvement
and utilities as required by the Planning Board under the provisions
of §§ 277 and 278 of the Town Law, or, in the alternative,
such "street" and utilities have been completed as required by the
Planning Board.
C.
In the case of a "lot" having nonconforming dimensions
in a residential -"district," the minimum required front and "rear
yards" shall be those of the residential "district" in which said
"lot's depth" would meet the current requirements, and the minimum
required "side yards" shall be those of the residential "district"
in which said "lot's width" would meet the current requirements.
A.
Where a "building" "lot" heretofore created and adjoining
the boundary line of the Town of Bedford meets the acreage, width
and depth requirements of this chapter computed by reference to the
Town boundary as fixed on the Pound Ridge Tax Map, or where such a
"lot" is a "lot" in a subdivision approved by the Pound Ridge Planning
Board in reliance upon the location of said boundary line as shown
on said Tax Map, such "building" "lot" shall hereafter be deemed and
considered a lawful and conforming "lot" within the Town of Pound
Ridge for the purpose of administering this chapter and shall not
be deemed nonconforming by reason of any subsequent relocation or
reestablishment of the Bedford-Pound Ridge boundary line. In the event
of a future judicial or legislative determination fixing, adjusting
or establishing said boundary in such manner as to reduce the acreage
of a "lot" within Pound Ridge or otherwise render it nonconforming
to this chapter, the owner of such "lot" and his successors, grantees
and assigns shall continue to enjoy all the rights and privileges
of this chapter applicable in the case of a "lot" lying entirely within
the Town of Pound Ridge, and this chapter shall be applied to such
"lot" and such owner by reference to the existing Town boundary as
fixed on the Pound Ridge Tax Map and not by reference to a relocated
boundary.
B.
In the case of a "lot" already nonconforming to this
chapter by reason of its creation prior to the effective date hereof
(November 4, 1959) and adjoining the Bedford-Pound Ridge boundary
as shown on the Pound Ridge Tax Map, such nonconformity shall not
be deemed increased for the purpose of administering this chapter
in the event of relocation of said boundary line. Such nonconforming
"lot" and the owner thereof and his successors, grantees and assigns
shall continue to have the extent of nonconformity determined by the
existing Pound Ridge Tax Map and not by reference to a relocated boundary.
C.
From and after the date upon which a final legislative or judicial determination fixing, modifying or adjusting the aforesaid boundary line shall be rendered, the line so fixed, modified or adjusted shall thereafter be used to determine conformance with the provisions of this chapter for "building" "lots" not covered by Subsections A and B above.
