This chapter shall be known and may be cited
as the "Town of Harrison Zoning Ordinance of 1974."
There is hereby established an amended Comprehensive
Zoning Plan for the Town of Harrison, which plan is set forth in the
text and map that constitutes this chapter. Said amended plan is adopted
for the purposes set forth in Article 16, §§ 261 and
281, of the Town Law which, in the interest of the protection and
promotion of the public health, safety and welfare, shall be deemed
to specifically include the following, among others:
A.
The facilitation of the efficient and adequate provisions
of public facilities and services.
B.
The assurance of adequate sites for residence and
commerce, including protection from flood damage.
C.
The provision of privacy for families.
D.
The prevention and reduction of traffic congestion
so as to promote efficient and safe circulation of vehicles and pedestrians.
E.
The maximum protection of residential areas.
F.
The gradual elimination of nonconforming uses.
G.
The enhancement of the appearance of the Town of Harrison
as a whole.
H.
The encouragement of flexibility in the design and
development of land in such a way as to promote the most appropriate
use of lands to facilitate the adequate and economical provision of
streets and utilities and to preserve the natural and scenic qualities
of open lands.
I.
The protection and preservation of the natural environment
and its ecological systems.
J.
The assurance of adequate provision of safety and
health features in the construction and use of structures and land.
For the purpose of this chapter, certain words
and terms used herein are defined as follows:
A.
Unless the context clearly indicates the contrary,
words used in the present tense include future, the singular number
includes the plural, and the plural the singular.
B.
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
C.
The word "shall" is mandatory and not discretionary.
The word "may" is permissive.
D.
The word "lot" includes the word "plot."
E.
The word "structure" includes the word "building."
F.
The word "use" refers to any purpose for which a lot
or land or part thereof is arranged, intended or designed to be used,
occupied, maintained, made available or offered for use and to any
purpose for which a building or structure or part thereof is arranged,
intended or designed to be used, occupied, maintained, made available
or offered for use, or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
G.
The word "used" refers to the actual fact that a lot
or land, building or structure or part thereof is being occupied or
maintained for a particular use.
H.
The word "town" means the Town of Harrison, New York;
the term "Town Board" means the Town Board of said town; the term
"Board of Appeals" means the Zoning Board of Appeals of said town;
the term "Planning Board" means the Town Planning Board of said town.
I.
The term "Building Inspector" shall include the Building
Inspector and authorized personnel of the Building Department.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory building or structure" may include
a private garage, garden shed, playhouse, greenhouse, swimming pool,
tennis court or similar accessory building or structure.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter" in its
various modes and tenses and its participial form refers to the making
of an "alteration."
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail directly from
pumps and storage tanks. An "automobile service station" may include
accessory facilities for rendering service for motor vehicles, such
as lubrication, washing and minor repairs.
A place for preparing, baking and selling baked goods and
products prepared on the premises. A bakery as herein defined shall
not include a wholesale operation.
[Added 12-21-2017 by L.L.
No. 2-2018]
A story partly underground but having less than half of its
clear height below finished grade.
A room designed principally as a sleeping area. Rooms having
other purposes, such as dens, living rooms and hallways, are not to
be interpreted as "conventional bedrooms."
Any structure, permanent or temporary, having a roof supported
by columns or by walls and intended for the shelter, housing or enclosure
of persons, animals or chattels.
The ground area covered by an aboveground building, including
roofed porches and other roofed structures, as established by the
outside face of its walls or supporting structures.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any room, place or space in which any professional entertainment
or floor show of any kind whatsoever or similar entertainment, including
dancing by the patrons, is permitted or provided in connection with
the business of selling food or beverages to the public.
Story of a building partly underground and having 1/2 or
more of its clear height below finished grade.[1]
A facility used for cleaning, laundering and/or temporary
storage of clothing, household bedding and linens and other items.
"Cleaning establishments" shall include, but not be limited to, full
service dry cleaners, dry cleaner dropoff facilities, full or self-service
laundromats and other like facilities.
[Added 12-20-1994]
The premises and buildings used by a local chapter holding
a valid charter from an international, national or state organization
or by a bona fide local civic association catering exclusively to
members and their guests primarily for a patriotic, fraternal, benevolent,
social, educational, religious or political purpose. The club shall
not be used in whole or in part for the conduct of any business enterprise
for profit, but this shall not be construed as preventing the utilization
of a club for benefits or performances for a recognized charity, for
the meeting of other organizations or for educational and cultural
purposes.
The premises and building used by a not-for-profit corporation,
as defined in § 102 of the Not-For-Profit Corporation Law
of the State of New York, established for the principal purpose of
providing facilities for golf, tennis, swimming and similar recreation
activities and related social activities, but not including any form
of aviation, outdoor trap, skeet or target shooting or any form of
motor vehicle sport. The activities of such a "nonprofit recreation
club" shall be limited to its members and their guests and shall not
be extended to the general public.
A type of food establishment of no more than 2,000 square
feet of gross floor area whose principal business is the sale of coffee
and other hot beverages. Pastries, sandwiches and other light fare
may also be sold incidental to the service of coffee. Areas for patron
seating may be provided; however, table service is prohibited.
[Added 12-21-2017 by L.L.
No. 2-2018]
Parking spaces in the parking structure on the MTA parcels,
controlled and operated by the Metro-North Railroad and used as commuter
parking by patrons of the Metro-North Railroad.
[Added 12-21-2017 by L.L.
No. 2-2018]
A clustered grouping of dwelling units, together with related
open spaces and accessory uses, which was granted approval in accordance
with a plan approved by the Planning Board pursuant to former § 235-10,
entitled "Conservation development" (enacted 5-20-1981 and now repealed).
[Amended 11-7-1990]
An open, unoccupied space, other than a yard on the same
lot with a building or group of buildings, which is bounded on two
or more sides by such building or buildings. An offset to a "court"
shall be deemed to be a separate "court" for the purpose of determining
its required dimensions.
Any court which is not an outer court.
A court extending to a street line or opening upon any front,
side or rear yard.
A store selling various foods, especially unusual or imported
foods and ingredients, including prepared and ready to eat foods,
having seating for no more than five persons.
[Added 12-21-2017 by L.L.
No. 2-2018]
The area delineated as Downtown Harrison in the January 1988
Master Plan Update for the Town of Harrison as adopted by the Town/Village
of Harrison Planning Board on January 19, 1988.
[Added 11-5-1997]
Those properties shown on that certain map titled "Harrison
2001 Parcel Identification Map," dated September 1992, prepared by
Cleary Consulting and filed with the Town Clerk of the Town of Harrison,
as the same may be amended from time to time.
[Added 5-5-1993]
Any business or commercial establishments designed or used
for the transaction of business wherein the patrons of such establishments
enter and leave the premises from a public highway in vehicles for
the purpose of availing themselves of the service or products of such
establishments, either by standing or sitting outside the enclosed
portion of structures or buildings, except in the case of patrons
of establishments who might be required to deliver and pick up articles
inside of structures or buildings.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
One or more rooms with complete provisions for cooking, living,
sanitary and sleeping facilities arranged for the occupancy of one
family.
A fully enclosed building that provides for the storage of
equipment and/or vehicles. An "equipment storage building" may include
accessory office space. No outdoor storage of equipment or vehicles
shall be permitted.
[Added 7-5-1995]
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit. More than two persons for each conventional
bedroom, unrelated by blood, marriage or legal adoption, or a maximum
of five such persons, shall not be considered to constitute a "family."
The sum of the gross horizontal areas of the floor of a structure,
excluding garages, cellars, attics, unenclosed porches, public halls,
public stairways and elevators and nonresidential accessory floor
space in the same structure. "Habitable floor area" shall have a minimum
height of seven feet six inches. For multiple dwellings, the "habitable
floor area" shall be computed separately for each dwelling unit.
The total floor area of the building or buildings on a lot,
excluding floor area in parking structures or that designed for mechanical
equipment or cellar storage, divided by the total lot area.
An establishment which prepares and packages food and beverages
for sale on the premises but for consumption off the premises, as
its primary business.
A structure either above or below the ground, used for parking
passenger motor vehicles, provided that no business, occupation or
service, other than that of parking such vehicles in a public parking
garage, shall be conducted therein. A parking garage accessory use
shall be used only for the parking of such vehicles that belong to
the owners or tenants of the principal building or their employees
or visitors. A "below-ground parking garage" shall mean one so located
that its roof is beneath the soil or other finished ground surface,
such as pavement, concrete or similar toppings, the walls of which
shall not be exposed or extended above any finished ground surface,
except that a perimeter wall may project not more than 3 1/2
feet above grade at the property line, provided that doing so shall
not create any environmental impact or hardship on the adjacent property
owner; and further, the peripheral grade, at the property line, resulting
from the construction of such a below-grade structure shall not vary
from that of the adjoining property or properties.
An enclosed space, accessory to a main building, for the
storage of one or more motor vehicles, provided that no business,
occupation or service is conducted for profit.
A building, other than a private or a parking garage, used
for adjustment, painting, replacement of parts or other repair of
motor vehicles or parts thereof, whether or not accessory or incidental
to another use.
At any point along the wall of a building, the elevation
of the completed surfaces of lawns, walks and roads adjoining the
wall at that point.
For buildings or structures within 10 feet of
the street line at the front of their lot, the vertical distance measured
in feet or stories from the average established curb grade at such
street line to the top of a flat roof or a mansard roof or the average
height of a pitched roof.
For buildings or structures more than 10 feet
from the street line at the front of their lot, the vertical distance
measured in feet or stories from the average finished grades measured
along a line offset 10 feet from the periphery of the building or
structure to the top of a flat roof or of a mansard roof or the average
height of a pitched roof.
An occupation conducted within a dwelling that is clearly
secondary to the residential use and does not change the character
of the structure as a residence and is conducted by a resident of
the dwelling and does not employ any person not residing in the dwelling.
Said activity shall not occupy more than 1/2 of the ground floor area
or 25% of the total habitable floor area, whichever is less, of the
dwelling if so used, and further provided that there shall be no external
evidence other than an announcement sign and that no mechanical or
electrical equipment is used, except customary household equipment.
However, home occupations shall not be construed to include uses similar
to the following: clinics or hospitals, barbershops or beauty parlors,
restaurants, breeding kennels and antique dealers, and including any
occupation in connection with which a commodity or merchandise is
sold or stored upon the premises or personal services are provided
to clients on the premises or where the parking, storage or standing
of two or more trucks or other vehicles, on the premises or in the
vicinity of the residence (including the streets), is utilized.
The office or studio of a resident physician, surgeon, dentist
or other person licensed by the State of New York to practice a healing
art, lawyer, architect, artist, engineer, real estate broker or salesman,
insurance broker or agent or teacher as herein restricted, provided
that no more than one person is employed who is not a member of the
family and that such office shall be in the main buildings and shall
not occupy more than 1/2 of the ground floor area or 25% of the total
habitable floor area of the dwelling, whichever is less. For the purposes
of this definition, a teacher shall be restricted to a person giving
individual instruction in academic or scientific subjects to a single
pupil at a time. A "home professional office" shall not include the
office of any person professionally engaged in the purchase or sale
of economic goods. Tearooms, tourist homes, beauty parlors, barbershops,
hair-dressing and manicuring establishments, convalescent homes, mortuary
establishments and stores, trades or businesses of any kind not herein
excepted shall not be deemed to be "home professional offices." The
"home professional office" of a physician shall not include a biological
or other medical testing laboratory.
A building or buildings or portion thereof containing rooms
occupied as sleeping and living quarters on a daily rental basis,
primarily by transient guests who are lodged with or without meals,
which rooms shall have primary access from public halls, and which
building or buildings shall also contain dining rooms, lounges and
other public rooms, as well as meeting rooms wherein customary hotel/motel
services are provided. The term hotel/motel shall not be deemed to
include dwelling units, except those of an owner or manager.
[Amended 12-17-1997]
A small roofed structure, often located within the public
streetscape, that sells items such as newspapers and candy or is used
for advertising, posting notices or announcements of events.
[Added 12-21-2017 by L.L.
No. 2-2018]
A plot or parcel of land occupied or capable of being occupied
by one main building or a group of buildings, where permitted, in
accordance with this chapter, and the accessory buildings or uses
customarily incidental to it, including such open spaces as are required
by this chapter.
A lot at the intersection of and abutting on two or more
streets where the angle of intersection is not more than 135°
or where the intersection is rounded by a curve having a radius of
less than 100 feet.
The percentage which the aggregate area of all buildings
on the lot bears to the area of the lot, excluding below-ground parking
garages as defined in this Section and any accessory parking garage
in an SB-35 District which is below the first floor elevation of the
principal building on the lot and not within 1,000 feet of the nearest
residence in a Residence District.
[Amended 4-2-1997]
A lot other than a corner lot or through lot.
The established division line between lots or between a lot
and a street.
The street right-of-way line at the front of a lot. On a
corner lot, the "front lot line" shall be specified on the plot plan
by the owner or, upon his failure to do so, by the Building Inspector.
The lot line generally opposite the front lot line. If the
"rear lot line" is less than 10 feet in length or if the lot comes
to a point at the rear, the "rear lot line" shall be deemed to be
a line parallel to the front lot line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
A lot other than a corner lot which abuts two or more streets
which do not intersect at the lot.
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth. The minimum required lot width shall be maintained from
the minimum front yard setback for a distance of not less than 35
feet toward the rear lot line.
[Amended 8-17-1988]
A freestanding pole having a location on the ground comprising
a part of a personal wireless services facility. For purposes of this
chapter, the term "monopole" shall include, in addition to the pole,
all other components of the personal wireless services facilities.
[Added 11-5-1997]
Any lot lawfully existing in single and separate ownership
at the effective date of this chapter or any amendment thereto affecting
such lot which does not conform to the dimensional regulations of
this chapter for the district in which it is situated, whether by
reason of the size or shape of the lot.
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure which does
not conform subsequently to the provisions of this chapter for the
district in which it is situated, irrespective of the use to which
such structure is put.
Any use of a building, structure, lot or land or part thereof,
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the provisions
of this chapter for the district in which it is situated.
Any unenclosed or partially enclosed outdoor area that is
under the same ownership, adjacent to and operated as part of a restaurant
operated wholly within a building and that is used for the purpose
of serving food and drink to customers seated at tables. The "outdoor
dining area" shall be allowed only as a use accessory to "restaurant"
as defined in this section. Outdoor dining areas shall be subject
to the following:
[Added 5-9-2001 by L.L. No. 4-2001]
Outdoor trash facilities available to adequately
handle the maximum number of patrons who will be dining outdoors.
Maximum hours of operation shall be from 9:00
a.m. to 12:00 midnight. No person shall be seated or served for outdoor
dining after 11:30 p.m.
The outdoor dining area shall be properly defined
and separated from the adjoining properties, through landscaping and/or
a man-made structure so as to buffer the outdoor dining area from
adjoining residential properties.
Any lighting shall be arranged as to reflect
the light away from any adjoining properties and abutting streets,
highways and roads.
Dining tables shall be placed upon concrete
or other impervious ground structures.
Parking shall be provided for the outdoor dining
area as if such outdoor dining area was part of an indoor restaurant
in accordance with the requirements for a restaurant within the designated
zone district.[2]
Outdoor dining areas must meet the same setbacks
as the restaurant building.
Outdoor dining areas shall be at least 50 feet
from every structure used as a residence on any other lot.
This section is not intended to and shall not
be construed to limit the sale or distribution of alcoholic beverages
to the extent they are regulated by the Alcoholic Beverage Control
Law.
The number of off-street parking spaces required to accommodate
a use or uses during its peak hour of daily operation.
[Added 12-21-2017 by L.L.
No. 2-2018]
Personal wireless services as that term is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
and which includes services commonly known as cellular telephone,
specialized mobile radio and personal communications services.
[Added 11-5-1997]
Personal wireless services facility as that term is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
and which includes but is not limited to antennas, monopoles, towers,
equipment, appurtenances and structures (including buildings housing
any such components).
[Added 11-5-1997]
A use of a building structure, lot or land or part thereof
which is not listed as a permitted, special exception or accessory
use.
A sanitary sewerage or water supply system serving dwellings
and/or other uses within a public district established for such purpose
by either the County of Westchester, the Town of Harrison or the Village
of Harrison.
Persons, firms or corporations supplying gas, electricity,
water, power, transportation or telephone service to the general public,
including personal wireless services which are regulated separately
under this chapter.
[Added 11-15-1995; amended 11-5-1997]
[Amended 5-9-2001 by L.L. No. 4-2001]:
An establishment whose principal business is
the preparation and retail sale of food and beverages in a ready-to-consume
state to customers and whose design or principal method of operation
includes one or both of the following characteristics:
A retail delicatessen or bakery-type establishment
shall not be considered a restaurant use if it has more than than
two tables and the total seating capacity of no more than four.
Personal services, such as barbershops, beauty parlors, custom
tailoring and dressmaking and other services, such as appliance, shoe
and watch repair, licensed dog grooming parlors and printing or photographic
services, which are provided to persons over the counter on the premises.
In the SB-0 District, three or more dwelling units which
share one or more common side or rear (party) walls, without openings
or interconnections, with each dwelling unit occupying the entire
volume within its respective portion of the building(s) from the lowest
level to the roof, and having its own separate entrance or entrances
to the outside. Otherwise known as a townhouse.
[Added 9-20-2022 by L.L. No. 4-2022]
A school for students from K-12, as well as those seeking undergraduate and graduate degrees, which school’s prime purpose is for general education in the arts and sciences, as well as professional training in business, education, social services and similar areas, chartered by the Board of Regents of the State of New York, which is located in the SB-0 Zoning District and complies with the provisions of § 235-17U.
[Added 1-3-2001 by L.L. No. 1-2001; amended 12-28-2007 by L.L. No. 8-2007]
A facility licensed or authorized and regulated by the State
of New York Department of Social Services or other state agency having
jurisdiction where care is provided for 10 or more children (no less
than eight weeks nor more than 12 years of age), away from their own
homes in a facility which is operated for such purposes for more than
five hours per week, but with hours of operation limited to between
6:30 a.m. and 7:30 p.m., and fully conforming to the regulations of
the New York State Department of Social Services.
[Added 2-17-1993; amended 5-6-1998 by L.L. No. 3-1998]
A development of three or more buildings which:
[Added 2-17-1993]
A private membership facility designed, intended and used
for physical conditioning activities, located within a single occupant
building. Such uses may include cafes, child care centers and spas,
as well as the sales of necessary equipment used in the activities
provided, together with other appropriate accessory uses.
[Added 8-4-2011 by L.L. No. 6-2011]
A facility or facilities for retail, retail service, or restaurant use located in the SB-0 Zoning District, which comprise the principal use on a property at least 20 acres in size, and subject to the special permit requirements set forth in § 235-17AA of the Town/Village of Harrison Zoning Ordinance.
[Added 4-6-2017 by L.L.
No. 2-2017]
Required parking for two or more uses, structures, tenants
or parcels satisfied jointly by the same parking spaces or facilities
based on differences in operating hours and peak parking demand, to
gain a higher efficiency of parking facility operation.
[Added 12-21-2017 by L.L.
No. 2-2018]
Any kind of billboard, signboard, pennant or other shape
or device or display used as an advertisement, announcement or direction,
including any text, symbol, lights, marks, letters or figures painted
thereon or painted on or incorporated in the composition of an exterior
surface of a building or structure.
A temporary or permanent sign which directs attention to
a resident's home, a home occupation, a home professional office or
a public or semipublic building.
A temporary or permanent sign which directs attention to
a business or profession conducted upon the property.
A temporary sign advertising land or improvements thereto
or describing construction activity or a firm doing work related to
construction on the premises on which the sign is located.
A sign used for a limited period of time which directs attention
to a special activity or entertainment, or one which indicates the
location of properties for sale or rent or construction under way.
A use in one or more districts, for which the Planning Board may grant a permit, subject to review by the Town Board as provided for in Article V.
That portion of a building included between the surface of
any floor and the surface of the floor next above it. If there is
no floor above it, then it shall be the space between the floor and
ceiling next above it. A cellar shall not be counted as a "story"
in determining permissible building height.
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such story. The habitable floor area of
a "half story" shall not exceed 50% of the floor area of the story
next below.
Any existing federal, state, county, town or village street,
road, highway, parkway, thruway, avenue, boulevard, lane, place, thoroughfare,
mapped street or street on the Official Map of the Town of Harrison
or a way shown upon a subdivision plat approved by the Planning Board,
as provided by law, or on a plat duly filed and recorded in the office
of the County Clerk, a public way established by or maintained under
public authority, a private way open for public use, or a private
way plotted or laid out for ultimate public use, whether or not constructed.
[Amended 4-11-2001 by L.L. No. 2-2001]
The attachment of antennas to an existing structure or building
having a location on the ground and comprising a part of a personal
wireless services facility. For purposes of this chapter, the term
"structurally mounted" shall include, in addition to the antennas,
all other components of the personal wireless services facility.
[Added 11-5-1997]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
An artificial pool of water, either inground or above-ground,
having a depth at any point of more than 18 inches and a surface area
of greater than 100 square feet, designed or intended for the purpose
of bathing or swimming and including all appurtenant equipment.
An integrated, moderate density, pedestrian-oriented, mixed-use development, consistent with the character of Harrison's Central Business District, located in the Transit Oriented Development (TOD) District, and within walking distance of the Harrison Train Station, County Bee-Line bus stops and other transit resources and facilities. A TOD development is subject to Article XVI of this chapter.
[Added 12-21-2017 by L.L.
No. 2-2018]
A freestanding lattice tower having a location on the ground
comprising a part of a personal wireless services facility. For purposes
of this chapter, the term "tower" shall include, in addition to the
tower, all other components of the personal wireless services facilities.
[Added 11-5-1997]
The transportation of passengers by means of a local public
transportation system.
[Added 12-21-2017 by L.L.
No. 2-2018]
A part of a residential lot required by this chapter to be
set aside and to be designed for recreational use normally carried
on outdoors, excluding automobile parking, drying yards and similar
utility uses, provided that roof areas designed for such use and apartment
terraces or balconies may be counted for 50% of such required "usable
open space."
A space on the same lot with a building, situated between
the nearest roofed portion of the main building or buildings and the
front lot line of the lot and extending from side lot line to side
lot line.
A space on the same lot with a building, situated between
the nearest roofed portion of the main building or buildings and the
rear lot line of the lot and extending from side lot line to side
lot line.
The depth of front and rear yards and the width of side yards
shall be measured perpendicularly to the respective lot lines.
A space on the same lot with a building, situated between
the nearest roofed portion of the main building or buildings and the
side lot line of the lot and extending through from the front yard
or from the front lot line where no front yard exists to the rear
yard or to the rear lot line where no rear yard exists.
A.
The provisions of this chapter shall be deemed to
be specific. Those uses and procedures for which there is no specific
provision in this chapter shall be deemed to be prohibited.
B.
With reference to use regulations:
(1)
Except as hereinafter provided, no building or structure
or part thereof and no lot or land or part thereof shall hereafter
be built, altered or used except for a purpose specifically permitted
by the provisions of the Table of Use Regulations[1] for the district in which such building or structure,
lot or land is located on the Zoning Map.
[1]
Editor's Note: The Tables of Use Regulations
are included at the end of this chapter.
(2)
Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use. (See Article IX.)
C.
With reference to dimensional regulations:
(1)
Except as hereinafter provided, no building or structure
or part thereof shall hereafter be erected, structurally altered,
enlarged, rebuilt or moved, nor shall any lot or land or part thereof
be used, merged, apportioned or subdivided except in conformity with
the provisions of the Table of Dimensional Regulations[2] for the district in which such building or structure or
lot or land is located on the Zoning Map.
[2]
Editor's Note: The Tables of Dimensional Regulations
are included at the end of this chapter.
D.
Adjoining lots which are now or which hereafter, under
circumstances, come to be held in common ownership shall be deemed
merged and treated for all purposes as a single lot, regardless of
whether or not such merger is recorded upon any Tax Map or other official
record, where such merger is necessary for the lot to conform with
the dimensional regulations of this chapter.
