Great Neck Estates City Zoning Code
ARTICLE VI
Nonconforming Buildings and Uses
§ 230-61 Existing nonconforming uses, premises, buildings or structures.
[Amended 2-27-2007 by L.L. No. 1-2007; 2-5-2014 by L.L. No. 3-2014]
A.
Nonconforming uses. Any nonconforming use lawfully existing on the effective date of the original Building Zone Ordinance on February 23, 1926, or lawfully established at any time thereafter in accordance with the laws of the Village at the time the use was established, but which does not conform to the requirements of this Code adopted or amended thereafter and currently in effect, may be continued, provided that:
(1)
No nonconforming use shall be altered, enlarged or extended in any building or structure or on any premises, or at the expense of a conforming use, nor shall any nonconforming use be extended to any portion of a building, structure or property not previously used lawfully for such nonconforming use. If any nonconforming use is abandoned, reduced in scope or size, or changed to or replaced in whole or in part by a conforming use, the said nonconforming use shall not thereafter be resumed, altered, enlarged or expanded.
(2)
For the purposes of this section, a nonconforming use shall be considered to have been enlarged if it has been changed in any manner which results in an extension of the use to any portion of a building or premises where such use was not previously conducted or which was not previously used for such use, an increase in the floor area or land area occupied or utilized by the use, an increase in the times or days of operation of the use, or a change in the nature or scope of the use. The foregoing factors shall not be exclusive, and where appropriate circumstances exist to support such conclusion, the Code Official may conclude that an enlargement of a nonconforming use has occurred even in the absence of any of such factors.
(3)
No nonconforming use may be changed to any other nonconforming use.
(4)
Any nonconforming use which shall have ceased for any reason for a continuous period of six months or more shall be presumed to be discontinued. Any nonconforming use which shall be reduced in size or scope for any reason for a continuous period of six months or more, regardless of intent, shall be presumed to be discontinued to the extent of such reduction. No such discontinued use, or part thereof, may thereafter be resumed, nor shall it be replaced by any other nonconforming use.
(5)
Notwithstanding anything in this subsection to the contrary, if a building or structure in which a nonconforming use is conducted is damaged by fire, explosion, force majeure or act of public enemy, or any other cause (other than action by or on behalf of the property owner), to an extent not more than 50% of its value, such building or structure may be restored or reconstructed, and the use continued, only as provided in this Code.
B.
Nonconforming buildings or structures. Any nonconforming building or structure lawfully existing on the effective date of the original Building Zone Ordinance on February 23, 1926, or lawfully existing at any time thereafter, but which does not conform to the requirements of this Code adopted or amended thereafter and currently in effect, may be continued. No such nonconforming building or structure may thereafter be repaired, reconstructed or structurally altered, enlarged or expanded, except in conformity to the Code provisions applicable at the time of such repair, reconstruction, alteration, enlargement or expansion, provided that:
(1)
No nonconforming building or structure shall be altered, structurally changed, or enlarged in any manner which would exacerbate or increase the degree or type of nonconformity.
(2)
Notwithstanding anything in this subsection to the contrary, if a nonconforming building or structure, is damaged by fire, explosion, force majeure or act of public enemy, or any other cause (other than action by or on behalf of the property owner), to an extent not more than 50% of its value, such building or structure may be restored or reconstructed in its previously nonconforming location and condition only as provided in this Code.
(3)
Any nonconforming building which shall not have been used for any lawful purpose for a continuous period of six months or more, for any reason and regardless of intent, shall be presumed to be abandoned as a nonconforming building.
C.
Nonconforming premises. Any nonconforming premises lawfully existing on the effective date of the original Building Zone Ordinance on February 23, 1926, or lawfully existing at any time thereafter, but which does not conform to the requirements of this Code adopted or amended thereafter and currently in effect, may be continued. No such nonconforming premises may thereafter be altered or changed in any manner except in a manner which reduces or eliminates the nonconformity. Any building, structure or use existing or proposed to be located on a nonconforming premises shall conform to all requirements of this chapter other than those area or dimensional requirements applicable to the lot upon which such building or structure is located or proposed to be located.
D.
Maintenance and repairs not restricted. Nothing in this section shall be deemed to prevent ordinary maintenance and repairs intended to keep an existing nonconforming building or structure, or an existing building or structure in which a lawful nonconforming use is conducted, in good repair.
§ 230-62 Restoration or reconstruction of nonconforming buildings or structures; continuation of nonconforming uses in such cases.
[Amended 2-5-2014 by L.L. No. 3-2014]
A.
Nothing in this chapter shall prevent the restoration or reconstruction, within two years, of a lawfully nonconforming building or structure destroyed or damaged by fire, explosion, force majeure or act of public enemy, or any other cause (other than action by or on behalf of the property owner), to an extent not more than 50% of its value (as determined by the Code Official), nor prevent the continuance of any nonconforming use of such restored or reconstructed building or structure or part thereof, provided that such restoration or reconstruction does not violate the provisions of this chapter to any greater extent or in any manner other than that which lawfully existed at the time of such destruction or damage.
B.
If any such building or structure is so destroyed or damaged to an extent exceeding 50% of its value, as determined by the Code Official, it shall not be reconstructed or restored, and shall not be used, except in conformity to the regulations then applicable in the zoning district in which it is located.
C.
Any building or structure destroyed or damaged by any cause enumerated in this section to an extent exceeding 50% of its value, exclusive of foundation, at the time of such destruction or damage may be reconstructed or restored, and thereafter used, only in such a manner as to conform to all of the applicable provisions of this chapter. Notwithstanding the provisions of this subsection, any such residential building or structure may be reconstructed within one year with a floor area ratio, building area and height no greater and setbacks from property lines no less than that which existed prior to such destruction, provided that the same otherwise conforms to all applicable zoning and building codes.
D.
Nothing in this article shall prevent the restoration of a wall or structure determined to be unsafe, provided that such restoration shall be determined by the Code Official to be in compliance with all applicable building codes.