Farmingdale City Zoning Code
ARTICLE III
Nonconforming Buildings, Structures and Uses 1
§ 600-8 Continuation of nonconformity.
Any legal nonconforming use, or preexisting building or use, may be continued unless otherwise prohibited or limited in duration by the provisions of this article.
§ 600-9 Change in use.
A legal nonconforming use may not be changed to a different nonconforming use.
§ 600-10 Abandonment and destruction.
Whenever a legal nonconforming use shall have been abandoned for a term of six months, or whenever the structure in which a legal nonconforming use is located is substantially destroyed, the land, building or structure in which said legal nonconforming use shall have existed shall not thereafter be used for any nonconforming use. There shall be no abandonment if, within the six-month term, the nonconforming use shall be reestablished for a period of at least 30 days. A legal nonconforming use shall be "substantially destroyed" if the cost to repair and replace the structure subject to such nonconforming use exceeds 50% of the current structural replacement value thereof. Where more than one legal nonconforming use is maintained upon a lot, all such uses must be abandoned as aforesaid in order for the legal nonconforming uses to be extinguished. Any legal nonconforming use which shall have been extinguished as a result of abandonment or destruction as set forth herein may be reinstated within two years of extinguishment by special use permit by the Board of Trustees upon good use shown.
§ 600-11 Enlargement or extension.
A legal nonconforming use or structure may not be enlarged or extended.
§ 600-12 Alterations and repairs.
Any legal nonconforming use may be altered or repaired, provided that the cost of such alteration or repair is no greater than 50% of the current structural replacement value of the building or structure.
§ 600-13 Maintenance and good repair.
Nonconforming buildings or structures, or a building or structure in which a nonconforming use is conducted, shall be kept in good repair. Any building that is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt in full conformity with the regulations prescribed by this chapter for the district in which such building is located.
§ 600-14 Authority to determine legal nonconforming uses.
The Board of Zoning Appeals may, after public hearing on the written verified application of the owner of property claiming a legal nonconforming use thereon, confirm such use by determining that such use is, in fact, a legal nonconforming use.
A.
Evidence to accompany application to determine legal nonconforming use. Every application under this section shall state or be accompanied by an affidavit or affidavits stating the evidentiary facts claimed to establish such use as a legal nonconforming use and shall be filed in duplicate with the Board of Zoning Appeals. The Board of Zoning Appeals may, in its discretion, require the production of additional evidence and may make whatever independent investigation it may deem necessary.
B.
Confirmation or denial of legal nonconforming use. The Board of Zoning Appeals, upon the evidence submitted to and obtained by it, shall make and file with the Village Clerk a written determination confirming or denying the legal nonconforming use and stating the facts which it finds to be established by such evidence, the basis of such findings and the conclusions it has drawn from such findings.
C.
Issuance or denial of certificate of occupancy.
(1)
Upon confirmation by the Board of Zoning Appeals of any legal nonconforming use pursuant to this section, the Superintendent of Buildings shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use so confirmed, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce this chapter.
(2)
Every nonconforming use for which a certificate of occupancy has not been issued, as provided in this section, shall be an illegal nonconforming use for the purpose of any application to or proceeding before any officer or Board of the Village.
D.
Effect of section.
(1)
Nothing in this article shall be deemed to make legal or to permit the confirmation of any nonconforming use which is not a legal nonconforming use or to invalidate the use of or require the confirmation of the use of any land, building or structure for which a valid certificate of occupancy has been issued prior to and is in effect on the effective date of this article.
(2)
All the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing at the time of the effective date of this article and to all uses and buildings that become nonconforming by reason of any amendment thereof.
(3)
The existence of a nonconforming use or building or the application thereto of the limitations set forth in this article shall not be deemed to result in unnecessary hardship warranting any variance in the strict application of any of the provisions of this article to such nonconforming use or building or to the land on which it is located. It is the intention of this article that such vested rights as pertain to any nonconforming use or building shall remain unimpaired but that the same shall not be extended or increased in any manner whatsoever.
§ 600-15 Conformance with provisions upon reconstruction.
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of the public enemy to the extent of not more than 50% of its value or prevent the continuance of the use of such building or part thereof, but any building destroyed in the manner aforesaid to an extent exceeding 50% of its value at the time of such destruction may be reconstructed and thereafter used only in such a manner as to conform to all provisions of this chapter.