§ 300-47. Nonconforming lots, uses, buildings and signs.

A. 

Intent. The regulations of this section govern nonconformities, which are lots, uses, buildings or signs that were lawfully established but, because of the adoption of new or amended regulations, no longer comply with one or more requirements of this chapter. In older communities such as Dobbs Ferry, many buildings and uses that were established in compliance with all regulations in effect at the time of their establishment have been made nonconforming by Zoning Map changes (rezonings) or amendments to the Zoning Ordinance text. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with illegal buildings and uses (those established in violation of zoning regulations). The regulations are also intended to:

(1) 

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

(2) 

Promote maintenance, reuse and rehabilitation of existing buildings;

(3) 

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties or the community as a whole; and

(4) 

Encourage the eventual elimination of nonconforming uses over time.

B. 

Determination of nonconformity status. The burden of proving that a nonconformity exists (as opposed to a violation of this chapter) rests with the subject landowner.

C. 

Authority to continue. Except as otherwise provided in this chapter, a nonconformity may be continued in conformance with the standards of this chapter.

D. 

Maintenance and restoration.

(1) 

Nonconformities must be maintained to be safe and in good repair. Incidental repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted, consistent with all permit or approval requirements of this chapter.

(2) 

A nonconforming building or portion of a building may be restored when destroyed by fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.

(3) 

A nonconforming use may be continued in a restored building or portion of a building destroyed by accidental fire, explosion, act of God, or act of the public enemy, subject to the provisions of Subsection F, below.

(4) 

Nothing in this chapter will prevent the structural strengthening or restoring to a safe condition of any building, structure or component thereof declared unsafe by the Building Inspector.

E. 

Alteration, enlargement or extension of a nonconforming uses.

(1) 

The alteration, enlargement or extension of a nonconforming use must be approved pursuant to a special permit issued by the Zoning Board of Appeals.

(2) 

The alteration, enlargement or extension of a building that is nonconforming only with respect to dimensional standards as specified in Appendix B, Dimensional Tables, shall not require a special permit, so long as the alteration, enlargement or extension conforms to all the requirements of this chapter.

Editor's Note: Appendix B is included at the end of this chapter.

F. 

Abandonment, discontinuance or reduction.

(1) 

Any nonconforming use that is abandoned for a period of 12 consecutive months shall not thereafter be resumed.

(2) 

Any nonconforming use that is intentionally reduced in number, character or extent for a period of 12 consecutive months may thereafter be continued only to the extent of the nonconformity remaining after such reduction.

(3) 

An owner aggrieved by a determination by the Land Use Officer that a use has been abandoned, discontinued or reduced may request an appeal of that decision to the Zoning Board of Appeals for good cause.

G. 

Nonconforming signs. Nonconforming signs shall not be altered or replaced unless the alteration or replacement brings the sign(s) into conformity with this chapter. A change of lettering or text shall not constitute an alteration according to this provision. All signs existing prior to February 13, 2001, shall be exempt from the provisions of this chapter.